The Montgomery advertiser., 1904-09-27

writ of prohibition. restraining Judge
 Samuel Jones of the Ruliitt Circuit
 Court, from trying the case. This will finally settle the question of jurisdic- tion. .,-. Judge Pryor cites only one case and
 makes no elaborate view of the law, in deciding that Bullltt County had prior Jurisdiction. The gist of his opinion
 is that the "act from which the murder originated was committed in Bullitt and that county indicted the accused
 before any action was taken by the Cir cult Court of this county. The death of Hagan in Jefferson did not const1- tute a separate offense, he holds.
 The case Is similar to the Britton case now, before the Fayette Circuit Court, and the decision of the Court of Appeals will apply in that case. William Britton Is charged with com pliicty in the murder of James Cock Till in July. 1902. Cockrill was shot from the court house at Jackson and died in a Lexington hospital. The Breathitt County grand jury refused to. indict. and an indictment was returned last week by the Fayette grand jury.
 After reciting the fact in the case Judge Pryor said:
 The only question in the case, 1t seems to me, Is in which county did the Jurisdiction first attach? If in the county of Bullitt the case should be tried there. and the same Is true If in the county of Jefferson. The criminal code provision, Section 21, Is as fol- lows:
 If an offense be committed partly in one and partly in another county. or if acts and their effects, constituting an offense, occur in different counties. the jurisdiction Is in either county"
 It is evident, under this provision of the code. the accused caproe be Indicted and tried in both counties, and the ju- risdiction should be determined by the one court or the other. The act of the shooting was one in Bullitt County, and the nature or degree of the offense enlarged by the death of Hagan in Jeff ferson County. The offense of mali cious shooting was merged Into that of murder warrant for murder was issued in Bullitt County, that county already having acquired Jurisdiction of the person of the accused by the exc cution of his bond to appear and answer the charge of malicious shooting. but the warrant for murder in Bullitt Coun- ty had not reached JeffersOn County un- til after the accused had surrendered himself to the officers of Jefferson County and a warrant had been issued for murder in Jefferson County, and an examining trial had been had before the Police Court and accused held to appear on the charge of murder before the Jefferson Circuit Court. There never has been an indictment returned in Jefferson County, and, with the orig inal arrest in Bullitt County, the issual of a warrant for murder, and the re- turn of an indictment against the ac- cused for murder in that county. gives, 1t seems to me. the Bullitt court Juris- diction. and that Jurisdiction attached before the Jurisdiction of the Jefferson court began. This court (the Jeffer- son Circuit Court) will not hold the accused under the order of the. exam ming court of the city of Louisville to see whether an indictment will or will not be returned by the grand jury. or whether the indictment be for murder or manslaughter. The accused has all ready been indicted by court having complete Jurisdiction of the case. and in the county where the act was com mitted which resulted in the death .
 Thsa act from which the murder