Ex parte Pattison

Citations

• 56 Miss. 161

Syllabus

<p>1. Habeas Corpus, lies adjudicata. Sect. 14-13 of Code construed.</p> <p>Sect. 1413 of the Code of 1871 provides that “the judgment rendered on the trial of any writ of habeas corpus shall he conclusive until reversed, as hereinafter provided, and, whilst so in force, shall he a bar to another habeas carpus in the same cause, or to any other proceedings to bring the same matter again in question, except by appeal,” etc. The object and effect of the statute is to.make the decision on a writ of habeas corpus “res adjudicata,” and conclusive, until reversed, as to all matters which were, or might have been, investigated upon the hearing thereof. But it does not preclude the issuance of a second writ, based upon subsequently occurring events. The new writ, however, must be based upon facts which have actually occurred since the hearing on the original writ, and not iipon newly discovered evidence as to old facts.</p> <p>2. Same. Second writ allowed. Case in judgment.</p> <p>P., being indicted for murder, sued out a writ of habeas corpus before Judge B., who refused him bail and remanded him to jail. Thereafter he was tried; the jury disagreed, a mistrial was entered, and he was again incarcerated. He thereupon sued out a second writ of habeas corpus, before Judge 0., who dismissed the same, on the gi'ound that the decision on the first writ, remaining unreversed, operated as a bar to another writ. The second petition sets forth, as grounds for relief, the mistrial before the jury, and the serious impairment of the petitioner’s health by his confinement, as developed since the first application for bail. Held, that neither of these facts would necessarily entitle the petitioner to bail, but either was sufficient to give jurisdiction and require an investigation. The former adjudication is conclusive on the testimony then adduced, hut the subsequent mistrial before the jury gives jurisdiction on the second writ, and authorizes the production of newly developed exculpat