Wray v. Kelly

Citations

• 98 Miss. 172
• 53 So. 492

Syllabus

<p>1. Criminal Law and Procedure. Custody of prisoners. Code 1906, § 1476, 1477. Order of removal from one jail to another.</p> <p>The power of the court and of the judge thereof, under Code 1906, §§ 1476, 1477, providing for the removal of prisoners from one jail to another, is not exhausted by the making of one order of removal; it can be exercised as often as the exigencies of the case may require.</p> <p>2. Habeas Corpus. Custody of prisoner. Right to writ. Code 1906, § 2445.</p> <p>Under Code 1906, § 2445, extending the right to relief by habeas corpus to all cases of illegal confinement, by which the rightful custody of any person is withheld from the one, entitled thereto, the sheriff and jailer of a county, who is entitled to the custody of a prisoner under an order of a court having jurisdiction of the offense, can maintain habeas corpus to recover the custody of such prisoner from another sheriff and jailer having no right to his custody.</p> <p>3. Statutory Construction.</p> <p>Where a statute is susceptible of more than one meaning, words may be substituted, and must be interpreted with reference to the subject-matter of the statute, so as to effectuate the legislative purpose.</p>