Gray v. State
Supreme Court of Alabama
From tbe City Court of Montgomery. Tried before the Hon. J. D. Cunningham:. The facts of this case are fully set out in the opinion. 1. The sheriff’s authority to take bail is entirely statutory, and, therefore, must be exercised in the cases, and in the manner, directed by the statute. — Antonez v. The State, 26 Ala. 84 ; Governor v. Jackson, 15 Ala. 703; Button v. Foster, 14 Ala. 325. 2. In cases of felony, the sheriff can not take bail except in vacation, and upon being…
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From tbe City Court of Montgomery. Tried before the Hon. J. D. Cunningham:. The facts of this case are fully set out in the opinion. 1. The sheriff’s authority to take bail is entirely statutory, and, therefore, must be exercised in the cases, and in the manner, directed by the statute. — Antonez v. The State, 26 Ala. 84 ; Governor v. Jackson, 15 Ala. 703; Button v. Foster, 14 Ala. 325. 2. In cases of felony, the sheriff can not take bail except in vacation, and upon being expressly authorized by a proper court or judge, and the bond is therefore void in this case; being taken in term time by…
1Opinion of the CourtPeck, C. J.
At the February term of the city court of Montgomery, an indictment was found against Nat, alias Nat Gray, for burglary.
At the same term an order was made, by the court, to admit the accused to bail, in the sum of one hundred and fifty dollars.
A capias was issued, the accused arrested, and during the term time of the court, the sheriff admitted the accused to bail, taking his recognizance, with appellants as his sureties. The capias was for the arrest of the accused, on a charge of burglary, but the recognizance is, to answer an indictment for perjury.
At the June term, a forfeiture was taken,…
2Cases cited1 opinion
- Antonez v. StateSupreme Court of Alabama · 1855
3Cited by6 opinions
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- Belt v. SpauldingOregon Supreme Court · 1888
- Territory of Oklahoma Ex Rel. Thacker v. WoodringSupreme Court of Oklahoma · 1905
- Callahan v. StateSupreme Court of Alabama · 1877
- Evans v. StateSupreme Court of Alabama · 1879
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