Ex parte Marmaduke
Supreme Court of Missouri
Petition for Habeas Corpus. (1) It is believed that this is the first instance in the judicial history of this state that a conrt has issued a writ of habeas coopios ad testificandum against the warden of the state penitentiary, commanding that officer to produce the person of a convict confined in prison, before the court for the purpose of testifying.
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Petition for Habeas Corpus. (1) It is believed that this is the first instance in the judicial history of this state that a conrt has issued a writ of habeas coopios ad testificandum against the warden of the state penitentiary, commanding that officer to produce the person of a convict confined in prison, before the court for the purpose of testifying. Section 4031, Revised Statutes, 1879, is as follows : “Courts of record, and any judge or justice thereof, shall have power, upon the application of any party to a suit or proceeding, civil or criminal, pending in any court of record or public…
1Dissent
Sherwood, J.,
Dissenting. — The warden of the penitentiary was commanded, by a writ of habeas corpus ad testificandum, to produce the body of Frederick Whitrock before the criminal court of St. Louis, in order to testify in a cause then pending in said court, wherein the state of Missouri was plaintiff and one Fotheringham was defendant. The warden refused to obey the writ, giving as a reason that he had no legal authority to remove the body of Whitrock from the penitentiary, because he was confined therein by virtue of a judgment and sentence of the St. Louis criminal court, for a felony.…
2Cases cited23 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- United States v. KirbySupreme Court of the United States · 1869
- United States v. MoreSupreme Court of the United States · 1805
- State v. GrantSupreme Court of Missouri · 1883
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
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