Ex Parte Glenn, 5599.

• Decision Date: 04 February 1935
• Docket Number: No. 5599.,5599.
• Citation: 78 S.W.2d 108
• Court: Missouri Court of Appeals
• Parties: Ex parte GLENN.

78 S.W.2d 108

Ex parte GLENN.

No. 5599.

Springfield Court of Appeals. Missouri.

February 4, 1935.

"Not to be reported in State Reports."

Original proceeding by Cecil Glenn for writ of habeas corpus directed to W. I. Lea, Sheriff of Dade County.

Respondent ordered to discharge petitioner.

Harry Seneker, of Carthage, for petitioner.

W. S. Pelts, Pros. Atty., of Greenfield, for respondent.

PER CURIAM.

This is an original proceeding, filed in this court on the 31st day of January, 1935, for a writ of habeas corpus, directed to W. I. Lea, sheriff of Dade county.

The sheriff and prosecuting attorney of Dade county waived service of the writ; however the record shows a copy of the petition and of the writ was served on both officers.

The petition for the writ sets forth, among other things, that the petitioner, Cecil Glenn, is unlawfully deprived of his liberty, by W. I. Lea, sheriff of Dade county, and that said imprisonment is illegal in this, to wit: That on May 21, 1934 a complaint was filed before a justice of the peace, A. H. Ham, for Center township, Dade county, in which the petitioner and one Oral Reich were charged with the murder of one Dave McWherter, on or about the 13th day of May, 1934.

The petition further alleges that Cecil Glenn, the petitioner, was arrested and brought before said justice to answer said complaint; that after a number of continuances an alleged preliminary hearing was held before said justice on August 3, 1934; that the petitioner was ordered held for trial, to answer the charge in the circuit court, denied bail, and committed to the Dade county jail, where he is now held, against his will.

The petition further alleges that A. H. Ham, the justice of the peace before whom the preliminary hearing was held, failed to certify the examination and proceedings in his court to either the clerk of the Dade county circuit court or jailer, as required by section 3489, of the Revised Statutes of Missouri 1929 (Mo. St. Ann. § 3489, p. 3118); that the petitioner was denied the right to appear before the circuit court of Dade county, at the October term, 1934, of said court, which, under the law, he had the right to do; that at the preliminary hearing of petitioner, Glenn, the magistrate failed to reduce the evidence, given by the several witnesses, to writing, as required by section 3480 of the Revised Statutes of Missouri 1929 (Mo. St. Ann. § 3480, p. 3115).

The petition further states that no information was ever filed by...