Ex parte Thomas
Supreme Court of Alabama
From the Probate Court of Butler. Heard before the Hon. Zell Gaston. ■ The petitioner, George Thomas, was arrested by the police force of the city of Greenville, on the charge of larceny from a dwelling, without any affidavit having been made, or warrant issued for his arrest.
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From the Probate Court of Butler. Heard before the Hon. Zell Gaston. ■ The petitioner, George Thomas, was arrested by the police force of the city of Greenville, on the charge of larceny from a dwelling, without any affidavit having been made, or warrant issued for his arrest. On the hearing the mayor, acting as ex-officio justice of the peace under the city charter, committed the prisoner to jail, in default of bail,’ to await the action of the grand jury, on the charge preferred against him. Whereupon, petitioner sued out the writ of habeas corpus, which was heard and denied by the probate…
1Opinion of the CourtHaralson, J.
Section 4262 of the Code authorizes an officer to arrest any person without warrant, when a felony has been committed by the party arrested, though not in his presence; and in Williams v. The State, 44 Ala. 41, it was held, that an arrest without a warrant is not illegal, that it is the issue of a warrant without oath, or affirmation, which is forbidden by the Constitution.—Floyd v. The State, 82 Ala. 23.
But, aside from this, when a party is arrested on a criminal charge, without a warrant, and is taken before a magistrate, who investigates the charge, and it appears to him that the offense…
2Cases cited3 opinions
- Floyd v. StateSupreme Court of Alabama · 1886
- Williams v. StateSupreme Court of Alabama · 1870
- Ex parte RileySupreme Court of Alabama · 1891
3Cited by5 opinions
- Commonwealth Ex Rel. DiDio v. BaldiSuperior Court of Pennsylvania · 1954
- Pruitt v. StateSupreme Court of Alabama · 1900
- Knox v. StateSupreme Court of Alabama · 1910
- Chappell v. StateSupreme Court of Alabama · 1908
- Rhodes v. McWilsonAlabama Court of Appeals · 1917