Ex parte Caples

Citations

• 58 Miss. 358

Syllabus

<p>1. Okiminai. Law. Refusal of court to grant trial. Habeas corpus by prisoner. Case in judgment.</p> <p>The Circuit Court of the County of 0., at the September term, 1880, met and organized, and, without transacting any business, adjourned sine die. The judge was induced to adjourn the court by a petition of the members of the bar and many prominent citizens from different parts of the county, which represented that, owing to incessant rains for several days, there was great backwardness in gathering the crops, and that the public interests would be promoted by an omission to hold the court. But before the adjournment, C., who was confined in the jail of the county under an indictment for murder, by his counsel demanded to be put upon his trial at that term. His request having been denied, and the court adjourned, he thereupon sued out a writ of habeas corpus, demanding to be set at liberty. The chancellor before whom the writ was returnable refused to discharge C., but admitted him to bail, upon a state of case which, ordinarily, would not have entitled him to it. He declined to give the required bond, and appealed from the chancellor’s decision to this court. Held, that whether the reasons accepted by the circuit judge for adjourning his court were sufficient or not, is not material to the question presented in this case, as the appellant, in being admitted to bail, has received every advantage that he was entitled to demand because of the refusal to put him upon his trial in the Circuit Court.</p> <p>2. Same. Refusal of court to grant trial to prisoner. Effect thereof.</p> <p>The utmost effect of the refusal by a judge to afford a prisoner a trial, when demanded at the time appointed therefor by law, where no legal reason for a continuance of the case exists, would be to strengthen greatly an application by him for bail. Such refusal by a judge, in the exercise of his judgment, even if erroneous, would not entitle all the criminals in confinement to be set at l