State Ex Rel. O'Connell v. Nangle

[97] Prohibition to prevent respondent circuit judge from proceeding in a habeas corpus case on the ground that the same matter was pending before the St. Louis Court of Criminal Correction and that it had custody of the prisoner. The question for decision is whether, after the Court of Criminal Correction has issued a writ of habeas corpus and has neither dismissed nor finally determined the case, the circuit court has jurisdiction to issue a writ of habeas corpus for the production of the same person before it to determine the same matter.

The facts as shown by the pleadings and exhibits…