State v. Fuller
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before Hon. W. W. Whiteside. Habeas corpus by Levi J. Fuller to obtain his release from the pentitentiary. From an order discharging petitioner from custody, the state appeals.
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Appeal from Calhoun Chancery Court. Heard before Hon. W. W. Whiteside. Habeas corpus by Levi J. Fuller to obtain his release from the pentitentiary. From an order discharging petitioner from custody, the state appeals. Agreed statement of facts: “That on, to-wit, March 7th, 1896, Levi J. Fuller was indicted for murder in the first degree in the circuit court of Cleburne county, Alabama, a copy of the indictment against him being attached to the petition marked exhibit “A,” and being a true copy; that the said Fuller was twice convicted and each time on appeal by him was reversed by the…
1Opinion of the CourtDenson, J.
Section 4817 of the code of 1896 provides that a petition for habeas corpus when the person making it is confined in the penitentiary, must be addressed to the judge of the city court, or to the’ nearest circuit judge or chancellor. The petition in this case shows that the petitioner was confined in the peniten*169tiary at Spigners in Elmore county. We have no trouble in reaching the conclusion that the petition was properly -addressed to the chancellor of the north eastern chancery division which embraces the county of Elmore. And, as the writ was granted more than 10 days before the time fixed…
2Cases cited5 opinions
- Railway Co. v. RamseySupreme Court of the United States · 1875
- Fuller v. StateSupreme Court of Alabama · 1897
- Ex parte RiceSupreme Court of Alabama · 1893
- Adcock v. StateSupreme Court of Alabama · 1904
- Ex parte HickeySupreme Court of Alabama · 1875
3Cited by6 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Harmon v. StateAlabama Court of Appeals · 1913
- Osborn v. Zoning Board of Appeals of StamfordConnecticut Superior Court · 1943
- Ex parte O'NealSupreme Court of Alabama · 1908
- Ex parte State ex rel. WoodSupreme Court of Alabama · 1907
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