State v. McColley

Citations

• 115 La. 404
• 39 So. 81
• 1905 La. LEXIS 670

Syllabus

<p>Habeas Corpus — Application to Supreme Court — Jurisdiction.</p> <p>In the present situation of the proceedings, it happens that part of the action against defendant is before the district court, and that additional steps in the proceedings have been taken before the justice of the peace.</p> <p>In order that the proceedings may be considered as a whole, and that the court may be sufficiently advised, to the extent that it is possible to find reason, if any, for dual charges, the judge of the district court is the proper officer to retain jurisdiction and afford whatever remedy the defendant may have.</p> <p>He has held no examination into the last charge before the justice of the peace, and'has not declined to take action in the matter. He is the proper judge to consider (in the first place) the questions involved.</p> <p>(Syllabus by the Court.)</p>