Patterson v. State

• Decision Date: 19 February 1894
• Citation: 15 So. 794,71 Miss. 675
• Court: Mississippi Supreme Court
• Parties: J. K. PATTERSON, JR., v. THE STATE

15 So. 794

71 Miss. 675

J. K. PATTERSON, JR., v. THE STATE

Supreme Court of Mississippi

February 19, 1894

APPEAL from an order of the HON. W. P. CASSEDY, Judge, in a habeas corpus case.

Reversed.

Robert Lowry, for appellant.

This case does not involve the merits of the criminal charge against the relator. The application is made solely upon the ground of his ill health, and the hearing, of necessity should be at the place of his confinement. Section 2237, code 1892, has no application. It applies only to cases where the merits of the charge are involved. It is discretionary with the judge or chancellor granting the writ, in cases like this, to direct the hearing to be made at the place of confinement, and this would have to be done where the relator is dangerously ill.

Frank Johnston, attorney-general, for the state.

Section 2237, code 1892, provides that in criminal cases the judge granting the writ of habeas corpus shall make it returnable at a convenient place in the county in which the offense is alleged to have been committed, unless so doing will interfere with his holding of a term of court. The rule is that the writ must be heard in the county where the crime was committed, and the only exception is where the holding of a term of court would be interfered with. The present case does not fall within the exception.

The above section of the code embraces all habeas corpus proceedings in criminal cases, and includes the class to which the present case belongs. There may be stronger reason for the application of the statutory rule where the merits of the case are involved, but this cannot limit the operation of the statute or destroy the force of its plain terms.

Even in cases where bail is asked on the ground of the prisoner's ill health, the circumstances of the homicide are proper to be reviewed, as being incidentally involved in the determination of the matter of bail. The degree of culpability, the character of the crime, and all the circumstances are to be taken into consideration.

OPINION

WOODS, J.

The construction of § 2287, code of 1892, made by the learned judge who declined to hear the relator's petition on its merits, was too literal, and, consequently, too narrow. This section is directory merely, and not jurisdictional. It seems clear to us that its application is to be confined to cases on habeas corpus in which the merits are to be gone into and an examination of...