67 Mo. 534 | Mo. | 1878
— The grounds whereon the petitioner relies for his discharge from the custody of the warden of
I. It will be observed that neither the constitution
II. But if it be said that this reasoning is not altogether free from flaw, the conviction of the petitioner may well be upheld because of the provisions of the 4th section of the act which establishes the court. That section provides : “ All acts now in force, or that may hereafter be enacted, regulating the criminal practice and proceedings in courts of record; * * shall govern the proceedings in said criminal court, so far as the same may be applicable.” This section must be deemed as conclusive, and for these reasons: that it was perfectly competent for the Legislature to refer to other statutes then.in existence, in aid of the provisions of the statute then being enacted, (State ex rel., &c., v. Geiger, 65 Mo. 306); and it was equally competent, for a like purpose, to refer to statutes which might thereafter be enacted. On turning to article 5 of Practice in Criminal Cases, 2 Wag. Stat. 109,7, we find § 15 makes provision for the removal of any indictment or criminal prosecution pending in any circuit court, to a different circuit, whenever the judge of the particular court is incompetent to sit. Now it surely cannot, with any show of reason, be urged that § 15 would
Remanded.