State v. Buckner
| Decision Date | 20 October 1921 |
| Docket Number | No. 22894.,22894. |
| Parties | STATE v. BUCKNER. |
| Court | Missouri Supreme Court |
Frank B. Fulkerson, of Lexington, for plaintiff.
Lyons & Ristine, of Lexington, and James L. Roberts, of Kansas City, for defendant.
Prohibition against Thomas B. Buckner, one of the judges of the circuit court of Jackson county, Mo., to prevent him from interfering by writ of habeas corpus With the execution of a sentence of imprisonment against one Walter McFaddin pronounced by the criminal court of Lafayette county.
Upon the application of the said McFaddin, defendant Buckner granted a writ of habeas corpus commanding the sheriff of Lafayette county to release on bail said McFaddin, who was then confined in jail.
McFaddin had theretofore pleaded guilty in the criminal court of Lafayette county to a charge of keeping a common gambling house, and had received sentence both to pay a fine and serve a term in jail. He paid the fine and was paroled as to the jail sentence. Subsequently the judge of the criminal court, as was his right, terminated the parole and ordered the execution of the jail sentence. While serving this sentence, application was made for his discharge by writ of habeas corpus. It was alleged in the application that Judge Rich, judge of the criminal court of Lafayette county, was not within the county at the time, and upon that ground the application was made to the defendant. Defendant granted the writ, whereupon the prosecuting attorney of Lafayette county applied here for a writ of prohibition to restrain the defendant from usurpation of judicial authority. Upon the petition, this court made a preliminary rule or order upon defendant to show cause, and return was duly made by him, to which plaintiff, through the prosecuting attorney of Lafayette county, filed motion to quash. The case pends on the question as to whether or not the defendant, as one of the judges of the circuit court of Jackson county, is clothed with authority to grant a writ of habeas corpus to discharge a prisoner, held under process of the criminal court of Lafayette county.
We judicially notice that Jackson county constitutes the Sixteenth judicial circuit of Missouri, that Lafayette and Saline counties constitute the Fifteenth judicial circuit of Missouri, and that there is a criminal court of the Fifteenth judicial circuit. The criminal court and circuit court of the Fifteenth judicial circuit have jurisdiction of civil and criminal matters arising in said circuit. Section 1, art. 6, of the Constitution, provides for the vesting of all judicial power of the state, both as to matters of law and equity, in the various courts of the state, including circuit courts, and section 22 of the same article defines the jurisdiction of circuit courts to be etc. Section 24 of article 6 of the Constitution provides for the division of the state into convenient circuits of contiguous counties in each of which circuits one circuit judge shall be elected. Section 25 of the same article provides that the judges of the circuit court shall reside in and be conservators of the peace within their respective circuits. The Constitution thus contemplates territorial limitations upon each circuit judge and that the exercise of the functions of the office may be further limited and restricted to certain districts or circuits within the state by the Legislature.
Section 2436, R. B. 1919, specifically limits the jurisdiction of circuit judges to the counties in which their several courts Way be held and. "as courts of law * * * shall...
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State ex rel. Nute v. Bruce, 32375.
... ... State ex rel. v. Nast, 209 Mo. 708, 108 S.W. 563; State ex rel. v. Buckner, 291 Mo. 320, 234 S.W. 651. (b) And under this section of the Constitution the Legislature has power to confer concurrent jurisdiction on the circuit courts with probate courts. State ex rel. v. Edwards, 162 Mo. 660, 63 S.W. 388. (3) Circuit courts have superintending control over probate courts ... ...
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State ex rel. Nute v. Bruce
... ... shall be held every year in each county." (a) The ... Legislature may apportion among the courts the judicial power ... vested in them by the Constitution. State ex rel. v ... Nast, 209 Mo. 708, 108 S.W. 563; State ex rel. v ... Buckner, 291 Mo. 320, 234 S.W. 651. (b) And under this ... section of the Constitution the Legislature has power to ... confer concurrent jurisdiction on the circuit courts with ... probate courts. State ex rel. v. Edwards, 162 Mo ... 660, 63 S.W. 388. (3) Circuit courts have superintending ... ...
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State v. Conway
... ... (1) The ... trial court had no jurisdiction over the person of the ... defendant to try him for the offense with which he was ... charged. Henry v. Henkel, 235 U.S. Rep. 219, 59 ... L.Ed. 203, 35 S.Ct. 54; Ex parte Lamar, 274 F. 160; State ... v. Buckner, 234 S.W. 651. (2) The indictment was ... insufficient. Sec. 4376, R. S. 1939. No evidence of ... premeditation was adduced. The indictment did not allege the ... homicide to have been committed in the commission of a crime ... or other felony, thereby not informing the defendant with the ... ...
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Ward v. Public Service Com'n
...State the power to review the orders of the appellant or to enjoin the appellant, as it had a right to do. In the case of State v. Buckner, 291 Mo. 320, 234 S.W. 651, the respondent, a circuit judge in Jackson County, issued writ of habeas corpus to the sheriff commanding him to release on ......