State ex rel. Williams v. Gray

Citations

• 109 La. 127
• 33 So. 108
• 1902 La. LEXIS 121

Syllabus

<p>CRIMINAL LAW — JURISDICTION—CHANGE OF VENUE — RESCINDING ORDER.</p> <p>1. A prisoner, under arrest for crime and in custody, who is removed for safe-keeping from the jail of the parish where the crime was committed to the jail of another parish, is constructively still in the former parish and under the jurisdiction and subject to the orders of the judge and sheriff of the former parish.</p> <p>2. An order granting a change of venue does not become operative so as to devest the court, making the order, of jurisdiction until the papers in the case and the prisoner are transferred to the new jurisdiction.</p> <p>3. This being so, until the transfer of the prisoner has been effected, it is competent for the court granting the change of venue to entertain motions relating to the order it has granted, such as new trial or reopening the proceedings for change of venue with the view of the modification or the rescinding of the first order, or substitution of another order for it.</p> <p>(Syllabus by the Court.)</p>