Ex parte Eagan

Citations

• 18 Fla. 194

Syllabus

<p>1. While it is within the jurisdiction of this court, under the statute, (Chapter 3129, Laws,) to award a habeas corpus and have a preliminary examination of a party arrested after affidavit and warrant, and discharge, commit to hail or remand into custody, still, the general rule is that this court should, under such circumstances, remand the party to the custody of the sheriff to be delivered to the magistrate issuing the warrant.</p> <p>2. While in such case au affidavit of the party that he has reason to believe, and does believe, that he cannot get a fair examination or secure justice before such magistraté, coupled with the fact that two persons, charged with the murder with the aiding and abetting of which the prisoner is charged, and deemed by him to be essential witnesses, are confined in the jail of the county in which this court is sitting, are not deemed sufficient grounds upon which this court would have such examination ; still, if the ground of the alleged belief be on account of alleged prejudice against the party, and the Attorney-General for the State consents to such examination on the ground that it will “ save great expense to the State of Florida,” this court will make such examination, and the testimony of witnesses may, in such case, by consent,,be taken before a commissioner.</p>