53 So. 492 | Miss. | 1910
after stating the facts as above, delivered the opinion of the court.
It is contended on behalf of appellant, the sheriff and jailer of Bolivar county, that the presiding judge had the authority to make the order of July 13', 1910, for the removal by him of the prisoner to the Hinds county jail for safe keeping, and he is therefore entitled to his custody for that purpose; while the appellee, the sheriff and jailer of Warren county, contends that the judge exhausted his authority over the prisoner by the first order of removal, that the second order is void, and therefore he is entitled to the custody of the prisoner until the next term of court, when he is to be delivered up to the sheriff and jailer of Bolivar county for trial.
The question for decision involves the construction of sections 1476 and 1477, Code 1096. By section 1476 the trial judge was expressly given authority, for the safe keeping of the prisoner or “on the ground of public policy,” to make the order for his removal to Warren county. It provides that, when so removed, “he is there to be kept until the court shall sit for the trial of the offender; and it shall be the duty of the sheriff of the county to which the prisoner is so removed, to receive and safely keep him, according' to the order of the court or officer having jurisdiction thereof.” Section 1477 provides that a person in custody on a criminal charge “shall not be removed from the place of his confinement into the custody of another officer,” except' for trial, habeas corpus, or some other legal writ, in case of “infection, or other necessity, or in accordance with express provision of law. ’ ’ The predominant idea of the statute is the safe keeping of the prisoner, which must be kept in mind in determining the meaning of the provision in section 1476, “there to be kept until the court shall
It is contended, for appellee, that the writ of habeas corpus does not lie in a ease of this kind. Section 2445-,
Reversed, and judgment here for appellant.