Jackson v. State

I cannot concur in the determination of the court, resting, as it seems to me it does, upon what I regard as a mistaken view of its constitutional power and duty as an appellate tribunal.

The constitution (sec. 3, art. YII) provides that “ the supreme court, except in cases otherwise provided by this constitution, shall have appellate jurisdiction;” and with this grant of appellate jurisdiction and as incident thereto, and *425without any legislation in its aid, the court took the right to issue and use all common-law writs and process, with the right to frame and issue such other writs as might…