Holcombe v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marshall. Tried before the Hon. John B. Tally. “Tbe defendant Holcombe, with oilier co-defendants, was committed by a magistrate to tbe jail of Marshall county, on a charge of burglary and grand larceny. Tbeir commitment was formal and regular, but tbe magistrate failed to indorse on tbe mittimus tbe amount of bail required of tbe defendants.
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Appeal from tbe Circuit Court of Marshall. Tried before the Hon. John B. Tally. “Tbe defendant Holcombe, with oilier co-defendants, was committed by a magistrate to tbe jail of Marshall county, on a charge of burglary and grand larceny. Tbeir commitment was formal and regular, but tbe magistrate failed to indorse on tbe mittimus tbe amount of bail required of tbe defendants. Tbe jail of Marshall being an unsafe place for tbe confinement of defendants, tliey were duly transferred to tbe jail of the county of Madison. While there imprisoned, on tbe 4th of April, 1890, tbe defendant, Bichard…
1Opinion of the CourtHaralson, J.
I. The first ground urged against the judgment nisi and scire facias is, that they do not show that any indictment had been found against the defendant, Holcombe. But, this objection is technical, and not meritorious. The judgment nisi and srirk facias are each headed, “The State v. Richard Holcombe, et al. Indictment for burglary.” Great particularity is not required in such proceedings, and the legislature has taken care to provide against technical defenses of this character, to such undertakings. The essence of-all undertakings of bail is the appearance of defendant at court, and the bail…
2Cases cited8 opinions
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Hanna v. StateSupreme Court of Alabama · 1877
- State v. EldredSupreme Court of Alabama · 1858
- Dunbar v. FrazerSupreme Court of Alabama · 1885
- Callahan v. StateSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Burke v. BrewerSupreme Court of Alabama · 1901
- State v. SorensenUtah Supreme Court · 1916
- Busby v. StateAlabama Court of Appeals · 1922
- Evans v. StateAlabama Court of Appeals · 1952