Ex parte Pattison
Mississippi Supreme Court
Appeal from the decision of Hon. J. B. Chrism an, Judge of the Tenth Circuit Court District, on habeas corpus. The case is stated in the opinion of the court. I. Our statute only bars' a second writ of habeas corpus where the “ same matter ” is relied upon for relief as that which was adjudicated on the first writ.
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Appeal from the decision of Hon. J. B. Chrism an, Judge of the Tenth Circuit Court District, on habeas corpus. The case is stated in the opinion of the court. I. Our statute only bars' a second writ of habeas corpus where the “ same matter ” is relied upon for relief as that which was adjudicated on the first writ. Code 1871, sect. 1413. This provision is only declaratory of what was always the law. 5 Binn. 304. Facts might arise after the first application which would not only show the right to bail on the second application, but also the innocence of the accused. 2. The grounds for relief…
1Opinion of the Court
ChalmeRS, J. ,■
delivered the opinion of the court.
The relator, being under indictment for murder, was denied, bail by Chancellor Berry, before whom he was brought by writ of habeas corpus; thereafter, he was tried in the Circuit Court of Claiborne County, and, the jury having failed to agree, a mistrial was entei’ed, and he was remanded to jail. He thereupon sued out this second writ of habeas corpus, before Judge Chrismau, but upon the hearing it was dismissed, upon the ground that the decisión by the chancellor upon the first writ remaining unreversed and unappealed from, operated as a bar…
2Cases cited3 opinions
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3Cited by16 opinions
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- Donald Keith Smith v. State of MississippiMississippi Supreme Court · 2014
- Blackwell v. SessumsMississippi Supreme Court · 1973
- Ex Parte WatsonCourt of Criminal Appeals of Oklahoma · 1909
- Ex parte AtkinsonMississippi Supreme Court · 1911
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