Ex parte Robins, 15 Ark. 402 (1855)

Jan. 1855 · Arkansas Supreme Court

15 Ark. 402

Robins Ex Parte.

Where there is no subordinate court competent to issue a writ of Imheas corpus— as where the office of Circuit Judge in the proper county is vacant — this court will award such writ.

Motion for Writ of Habeas Corpus.

Tbe petitioner filed a motion for a writ of babeas corpus, to admit to bail bis negro man, who was in tbe custody of tbe sheriff of Pulaski county, on an indictment for murder. Tbe petition alleged tbat tbe office of Judge of tbe Circuit Court of Pulaski county was then vacant, and would continue so for some time, and prayed tbat this court would issue tbe writ, &c.

Fowuee, for the motion.

Mr. Justice Scott

delivered tbe opinion of the Court.

The showing, which, for the purpose of this application, will be taken as true, making it manifest (and being otherwise sufficient) that, from the accidental cause stated, there is no subordinate court competent to give the relief sought, and that without the interposition of this court in the exercise of its constitutional powers of superintending control, there will be a failure of justice, we think, in the exercise of this 'high discretion, that the application should be granted in pursuance of the doctrines heretofore laid down. Amour Hunt Ex parte, 5 Eng. R. 288; Carnall vs. Crawford Co., 6 Eng. R. 617; Marr Ex parte, 7 Eng. R. 92, 93; Allis Ex parte, 7 Eng. R. 101.