Chappell v. State
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. Application by George Chappell for his discharge on habeas corpus from imprisonment by virtue of a mittimus issued by a justice of the peace on a criminal charge. From an order denying the petition, George Chappell appeals. The petition was as follows: “To the Honorable A. A. Evans, Judge of the Third Judicial Circuit.
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Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. Application by George Chappell for his discharge on habeas corpus from imprisonment by virtue of a mittimus issued by a justice of the peace on a criminal charge. From an order denying the petition, George Chappell appeals. The petition was as follows: “To the Honorable A. A. Evans, Judge of the Third Judicial Circuit. Your petitioner, George Chappell, respectfully represents unto your honor as follows: (1) That he is imprisoned in the county jail of Bullock county, Ala., by J. G. Carmichael, as sheriff of said county, under…
1DissentDowdell, J.
(dissenting.) I cannot concur in the views of the majority of the court, as expressed in the opinion of Justice McOLELLAN in this case. In my opinion the majority have misconceived the law of the case, and the doctrine asserted, if adhered to, will lead to dangerous consequences in the administration ■of the criminal law. The petitioner for writ of habeas corpus, appellant here, was tried before a committing magistrate, on preliminary investigation, for the violation of a criminal statute, and upon such trial and investigation was, in default of bail, committed to jail to await the action of…
2Cases cited5 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Butler v. StateSupreme Court of Alabama · 1900
- Johnson v. StateSupreme Court of Alabama · 1886
- Ex parte McGlawnSupreme Court of Alabama · 1883
- Ex parte ThomasSupreme Court of Alabama · 1893