Board of Prison Com'rs v. Crumbaugh
| Citation | 161 Ky. 540,170 S.W. 1187 |
| Parties | BOARD OF PRISON COM'RS v. CRUMBAUGH, POLICE JUDGE. |
| Decision Date | 11 December 1914 |
| Court | Court of Appeals of Kentucky |
Prohibition by the Board of Prison Commissioners against W. L. Crumbaugh Police Judge, etc. Writ granted.
James Garnett, Atty. Gen., and Overton S. Hogan, Asst. Atty. Gen for petitioner.
In the year 1889 Alex Messer was convicted, in the Pike circuit court, for murder and confined in the penitentiary. On December 6, 1906, the board of prison commissioners released Messer from the penitentiary under a parole, and he returned to Rowan county. After his return to that county, he was arrested under a peace warrant, and, being tried before the circuit court, was required to give bond for good behavior. This he failed to do, and was, by order of the court committed to jail. Information of these facts was brought before the prison commissioners, and the parole agent was sent to investigate the case. He learned that Messer, after getting out of jail, was carrying his gun around and molesting people in the neighborhood, and, being arrested a second time under a peace warrant, agreed to leave the neighborhood if he was released, and this he failed to do. On the recommendation of the parole agent, the board issued a warrant for the arrest of Messer, under which he was arrested and placed again in the penitentiary. He then applied to W. L. Crumbaugh, police judge of Eddyville, for a writ of habeas corpus, which was issued, and, Messer having been brought before the police judge under the writ, the judge announced from the bench that he had concluded that Messer was entitled to release under his former parole, but consented that he would hold the matter in abeyance until Saturday, December 5th, to give the board time to reparole him. The board thereupon filed a petition in this court asking a writ of prohibition against the police judge, restraining him from proceeding further in the matter. A temporary restraining order was entered as prayed, and the case is now submitted for final judgment.
Under section 110 of the Constitution, this court has power to issue such writs as may be necessary to give it a general control of inferior jurisdiction, and it is well settled that a writ of prohibition may issue in a case like this whenever the inferior court is proceeding out of its jurisdiction, or where it has jurisdiction, but an appeal will not furnish an adequate remedy, or there is no other remedy. Clark v Warner, 116 Ky. 801, 76...
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