State ex rel. Aull v. Field
Supreme Court of Missouri
Prohibition. The judge of said circuit court has under the statute no jurisdiction in the first instance to admit to bail a person in custody on a charge of crime when the judge of the criminal court having jurisdiction over the offense is present in .the county. Revised Statutes, 1889, secs. 4049, 4123, 5414. It was clearly the intention of the legislature to give such jurisdiction in the first instance to the judge of the court in which the charge was pending.
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Prohibition. The judge of said circuit court has under the statute no jurisdiction in the first instance to admit to bail a person in custody on a charge of crime when the judge of the criminal court having jurisdiction over the offense is present in .the county. Revised Statutes, 1889, secs. 4049, 4123, 5414. It was clearly the intention of the legislature to give such jurisdiction in the first instance to the judge of the court in which the charge was pending. If the circuit* judge in the first instance has the jurisdiction, then the judge of the criminal court having cognizance of the…
1Opinion of the CourtBarclay, J.
The plaintiff, as prosecuting attorney of LaEayette county, obtained in this court a preliminary rule against Hon. Richard Field, judge of the circuit court for that county, to prohibit the latter from exercising jurisdiction in a certain cause, entitled “In re Plattenburg,” a proceeding upon a writ of habeas corpus, issued by that judge at the instance of Plattenburg. Judge Field made a return to the order. Plaintiff demurred to the return.
Both parties have submitted the case for a final decision, the questions involved being issues of law only, arising upon admitted facts.
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2Cases cited2 opinions
- State v. WoolerySupreme Court of Missouri · 1867
- State v. RamseySupreme Court of Missouri · 1856
3Cited by12 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Straughan v. MeyersSupreme Court of Missouri · 1916
- State ex rel. Harvey v. SheehanSupreme Court of Missouri · 1916
- Wagner v. City of St LouisSupreme Court of Missouri · 1920
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