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STATE v. NANGLE

No. 44693.

280 S.W.2d 96 (1955)

STATE of Missouri, at the Relation of Jeremiah O'CONNELL, Chief of Police of the City of St. Louis, State of Missouri, Relator, v. Honorable James F. NANGLE, Judge of the Circuit Court of the City of St. Louis, State of Missouri, Now Presiding in Division No. 11 Thereof, Respondent.

Supreme Court of Missouri. En Banc.

June 13, 1955.

Attorney(s) appearing for the Case

Edward L. Dowd, Circuit Atty., St. Louis, for relator.

Godfrey P. Padberg, St. Louis, Sidney M. Glazer, St. Louis, for respondent.

HYDE, Judge.

Prohibition to prevent respondent circuit judge from proceeding in a habeas corpus case on the ground that the same matter was pending before the St. Louis Court of Criminal Correction and that it had custody of the prisoner. The question for decision is whether, after the Court of Criminal Correction has issued a writ of habeas corpus and has neither dismissed nor finally determined the case, the circuit court has jurisdiction to issue a writ of habeas...

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