Ex Parte State Ex Rel. Shirley

It is insisted on the part of appellee that this court is without jurisdiction to issue the writ in this case, because the prisoner who is the subject of the writ stands charged with murder in the first degree. A sufficient answer to this contention would be that the jurisdiction of this court in felony cases is fixed by the “punishment fixed” by judgment of a court of competent jurisdiction and not by the charge being made, either by affidavit or indictment. Code 1923, § 7309. This court has consistently taken jurisdiction in habeas corpus cases where prisoners confined on charges of murder…