38 Mo. 547 | Mo. | 1866
delivered the opinion of the court.
The petitioner asks to be discharged from the custody of
The statute provides in what cases a prisoner may be discharged, on grounds of this nature, by the court under whose process he is held in custody—R. C. 1865, ch. 218, §§ 27-8. One of the provisos is that such delay be not occasioned by the want of time to try the cause at the second or the third term after that'at which it was triable after indictment found. This cause of delay is not negatived in the petition. The records of that court are not before us, and we have no means of ascertaining whether lie is entitled to be discharged or not. The application should be made to the Iron county Circuit Court. Moreover, no person can be discharged under the habeas corpus act who is imprisoned, on an indictment, or by virtue of process or commitment to enforce such indictment—R. C. 1865, ch. 155, § 38. -
The prisoner is remanded to the custody of the jailor.