112 Mo. App. 535 | Mo. Ct. App. | 1905
W. L. Hiett is the prosecuting attorney of Texas county and L. O. Simmons the presiding judge of its county court. On the application of said prosecuting attorney this court granted a writ of certiorari to said Simmons in his official capacity, com-
The facts out of which the controversy between the prosecuting attorney of Texas county and the presiding justice of the county court arose will be stated. William H. Brooks, who petitioned the respondent for his liberty, was in the custody of the jailor of that county under two commitments issued on two separate convictions of said Brooks before R. P. Hubbard, justice of the peace of Texas county, for two distinct misdemeanors. On February 20, 1905, said Brooks was convicted of a misdemeanor, fined $50 and the costs of the prosecution assessed against him to the amount of $37.90. The justice issued a mittimus on that conviction February 23, and by virtue of it Brooks was taken into the custody of the sheriff and jailer of the county, Aaron Wood, and imprisoned until March 11. On February 22 Brooks was convicted before the same justice of the peace for another offense, fined $200 and $47 costs1 assessed against him. The justice issued a mittimus on
“The county courts of the various counties of the State shall have the power to provide for the employment, under such rules and regulations and under such terms as they may prescribe, of all persons convicted of misdemeanor under the statutes of this State, and who may be sentenced to imprisonment in the county jail, or Avho may be committed to the county jail for non-payment of fine; and the amount so received for the services of such person so hired shall be applied upon the judgment against him.”
The. jailor of the county released Brooks pursuant to the order of the county court and turned him over to Williams and Ormsby. The so-called hiring was a sham. From Brooks’ petition for the writ of habeas corpus, it appears that he returned to his home near Cabool, and near where Ormsby lived, and remained ready and willing to work for Ormsby and Williams at any time they might order him into service. The obvious purpose was to let Brooks pay $100 on his fines instead of $250, the amount of them, and the county escape the
The position of the relator is that the county court acted without authority in ordering Brooks discharged in the first instance; that his rearrest and commitment to jail a second time was lawful and in obedience to the writs issued by the justice of the peace on the convictions for the two misdemeanors, and that respondent, as judge of the county court, had no' jurisdiction or authority to discharge Brooks from the jailor’s custody on a hearing of the habeas corpus proceeding. We are willing to grant the soundness of all those propositions except the last one. The respondent is the judge of a court of record and, as such, has authority, in the vacation of his court, to issue writs of habeas corpus for persons alleged to be unlawfully restrained of their liberty, hear their applications for discharge and decide them. [R. S. 1899, sec. 3546.]’ Now, as the respondent was empowered to issue the writ and decide on the right of the petitioner to a discharge, he was empowered to decide erroneously as well as rightly. In other words, his jurisdiction of the subject-matter of the particular case was complete. The doctrine prevails in this State that if