State ex rel. Mollineaux v. Madison County Court

CourtMissouri Supreme Court
Writing for the CourtBurgess
Citation37 S.W. 1126,136 Mo. 323
Decision Date15 December 1896
PartiesSTATE ex rel. MOLLINEAUX v. MADISON COUNTY COURT.
37 S.W. 1126
136 Mo. 323
STATE ex rel. MOLLINEAUX
v.
MADISON COUNTY COURT.
Supreme Court of Missouri, Division No. 2.
December 15, 1896.

BAIL — REFUSAL — PRESUMPTION — CERTIORARI — COUNTY COURT RECORD.

1. It will be presumed, in the absence of anything to rebut it, on a proceeding to review refusal of bail to one indicted for murder, that "the proof [of guilt] is evident or the presumption great," in which case, by provision of Const. art. 2, § 24, he is not entitled to bail.

2. Refusal of bail will under no circumstances be disturbed, except on a showing of abuse of discretion.

3. Certiorari to review refusal of bail by the county court cannot bring up the evidence adduced before it on hearing of the writ of habeas corpus to obtain bail, the court being of statutory origin, and no provision having been made for preserving evidence taken before it and making it part of its record.

Certiorari by William A. Mollineaux to review proceedings of the county court of Madison county. Writ quashed.

Wm. N. Nalle and Wm. M. Morgan, for relator.

BURGESS, J.


Relator, indicted in the circuit court of Bollinger county for murder of the first degree, was committed to the jail of Madison county for safe-keeping; afterwards, at the August term, 1896, and on the 5th day of said month, in the county court of the county last named, he sued out of said court a writ of habeas corpus, directed to the sheriff and jailer of that county, returnable forthwith, requiring said sheriff to produce his body in court, and show cause, if any he could, for his detention, and why he should not be admitted to bail. To this writ the sheriff made return according to the facts heretofore stated. The county court, on hearing, refused to discharge the relator, or to admit him to bail, and remanded him to the custody and keeping of said sheriff. Thereafter, on the 20th day of August, 1896, relator made application to this court for a writ of certiorari, directed to the county court aforesaid, for the purpose of compelling said court to certify to this court a copy of the proceedings with respect to said writ of habeas corpus, in order that the same might be reviewed. In obedience to this writ the county court has caused to be certified to this court all the evidence introduced at the hearing of the habeas corpus by that body, which we are now asked to review, and, if it is found that error was committed by that court, to remand the cause to said court, with directions as to...

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12 practice notes
  • State v. Shelton
    • United States
    • United States State Supreme Court of Missouri
    • March 5, 1900
    ...143 Mo. 287, 45 S. W. 245, 40 L. R. A. 280; State v. Harrison, 141 Mo. 12, 41 S. W. 971, 43 S. W. 867; State v. Madison County Court, 136 Mo. 323, 37 S. W. 1126; State v. Dobson, 135 Mo. 1, 36 S. W. 238; State v. Slover, 113 Mo. 202, 20 S. W. 788; Railway Co. v. Young, 96 Mo. 39, 8 S. W. 77......
  • State ex rel. St. L. Union Trust Co. v. Neaf, No. 36894.
    • United States
    • United States State Supreme Court of Missouri
    • May 7, 1940
    ...45 Mo. App. 387; State ex rel. v. Reynolds, 190 Mo. 578, 89 S.W. 877; Ward v. Board, 135 Mo. 309, 36 S.W. 648; State ex rel. v. Madison, 136 Mo. 323, 37 S.W. 1126; State ex rel. v. Clark, 320 Mo. 1190, 9 S.W. (2d) 635; Hannibal v. State Board, 64 Mo. 294. (b) If the relator has been illegal......
  • State ex rel. Miller v. O'Malley, No. 35637.
    • United States
    • United States State Supreme Court of Missouri
    • May 21, 1938
    ...(b) The writ brings up only the record. Evidence not reviewable unless preserved in bill of exceptions. State ex rel. v. County Court, 136 Mo. 323. (c) There is no place for a bill of exceptions here. The facts for review are embodied in the application for the subpoena which, being verifie......
  • State v. Johnson
    • United States
    • Court of Appeal of Missouri (US)
    • October 12, 1909
    ...are creatures solely of statutory origin, and have no common-law or equitable jurisdiction. State ex rel. v. Madison County Court, 136 Mo. 323, loc. cit. 326, 37 S. W. 1126. The action of these courts is under the control of superior courts, and is exercised by the writ of certiorari. 6 Cyc......
  • Request a trial to view additional results
12 cases
  • State v. Shelton
    • United States
    • United States State Supreme Court of Missouri
    • March 5, 1900
    ...143 Mo. 287, 45 S. W. 245, 40 L. R. A. 280; State v. Harrison, 141 Mo. 12, 41 S. W. 971, 43 S. W. 867; State v. Madison County Court, 136 Mo. 323, 37 S. W. 1126; State v. Dobson, 135 Mo. 1, 36 S. W. 238; State v. Slover, 113 Mo. 202, 20 S. W. 788; Railway Co. v. Young, 96 Mo. 39, 8 S. W. 77......
  • State ex rel. St. L. Union Trust Co. v. Neaf, No. 36894.
    • United States
    • United States State Supreme Court of Missouri
    • May 7, 1940
    ...45 Mo. App. 387; State ex rel. v. Reynolds, 190 Mo. 578, 89 S.W. 877; Ward v. Board, 135 Mo. 309, 36 S.W. 648; State ex rel. v. Madison, 136 Mo. 323, 37 S.W. 1126; State ex rel. v. Clark, 320 Mo. 1190, 9 S.W. (2d) 635; Hannibal v. State Board, 64 Mo. 294. (b) If the relator has been illegal......
  • State ex rel. Miller v. O'Malley, No. 35637.
    • United States
    • United States State Supreme Court of Missouri
    • May 21, 1938
    ...(b) The writ brings up only the record. Evidence not reviewable unless preserved in bill of exceptions. State ex rel. v. County Court, 136 Mo. 323. (c) There is no place for a bill of exceptions here. The facts for review are embodied in the application for the subpoena which, being verifie......
  • State v. Johnson
    • United States
    • Court of Appeal of Missouri (US)
    • October 12, 1909
    ...are creatures solely of statutory origin, and have no common-law or equitable jurisdiction. State ex rel. v. Madison County Court, 136 Mo. 323, loc. cit. 326, 37 S. W. 1126. The action of these courts is under the control of superior courts, and is exercised by the writ of certiorari. 6 Cyc......
  • Request a trial to view additional results

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