State ex rel. Vickers
Supreme Court of Louisiana
Relator alleges that on the 25th January, 1894, he was indicted by the grand jury of De Soto parish, charged with the murder of one Oherose; that on the 17th of February, 1894, he was tried by a jury, which was unable to agree, and a mistrial was ordered by the trial judge. That on February 11, 1895, he, through his counsel, demanded a trial, when, on motion and affidavit of the District Attorney, his case was continued to the August term of court.
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Relator alleges that on the 25th January, 1894, he was indicted by the grand jury of De Soto parish, charged with the murder of one Oherose; that on the 17th of February, 1894, he was tried by a jury, which was unable to agree, and a mistrial was ordered by the trial judge. That on February 11, 1895, he, through his counsel, demanded a trial, when, on motion and affidavit of the District Attorney, his case was continued to the August term of court. That after a continuance of his case, as aforesaid, he applied to the presiding judge for bail, which application the said judge refused to hear…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
Relator claims that this application comes before us in the exercise of the original jurisdiction conferred upon this *666court by Article 89 of the Constitution. His prayer is that he be admitted to bail, and to this end he has ruled the sheriff, who has Mm in custody, to show cause why this should not be done. There is no claim that the relator’s.detention is unlawful, and the sheriff’s connection, therefore, with the case is different from what it would have been had an issue of that kind been presented.
On the argument, counsel referred…
2Cases cited3 opinions
- People v. Tinder & SmithCalifornia Supreme Court · 1862
- Ex parte PattisonMississippi Supreme Court · 1878
- Ex parte HamiltonMississippi Supreme Court · 1887