Ex parte Crawlin
Supreme Court of Alabama
This was an application for'a wrih of habeas corpus filed by the petitioner, Armstead Orawlin, to Hon. W. C. Bobertson, Judge of Probate of Lee county, asking for release from imprisonment on the charge of murder.
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This was an application for'a wrih of habeas corpus filed by the petitioner, Armstead Orawlin, to Hon. W. C. Bobertson, Judge of Probate of Lee county, asking for release from imprisonment on the charge of murder. The ground of release, as set out in the petition, was, that prior to his arrest upon the warrant, under which Jie was at that time imprisoned, he had been arrested under a warrant issued by another justice of the peace, within the county; and that upon a preliminary investigation he was discharged. Upon the hearing of the evidence, which tended to prove the allegations of the…
1Opinion of the CourtMoCLELLAN, J.
Except where it is provided by statute (McCannis Case, 14 Gratt. 570) that a discharge on prelim*102inary examination shall bar further prosecution, the discharge on preliminary hearing of a person accused of an offense of which the examining magistrate has no final jurisdiction does not bar a subsequent preliminary examination, or avoid the order of commitment thereon. — Nicholson v. State, 72 Ala. 176. There is no case in which a person accused of crime can claim exemption from prosecution on the ground of previous .proceedings against him, unless such proceedings afford a predicate for a plea…
2Cases cited1 opinion
- Nicholson v. State ex rel. CollinsSupreme Court of Alabama · 1882
3Cited by6 opinions
- United States Ex Rel. Rutz v. LevySupreme Court of the United States · 1925
- State v. McFarlandSupreme Court of Alabama · 1898
- Brown v. StateSupreme Court of Alabama · 1894
- Ex parte RobinsonSupreme Court of Alabama · 1895
- Pippin v. StateSupreme Court of Alabama · 1908
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