Ex parte Banks
Supreme Court of Alabama
APPLICATION by Thomas G-. Banks, under section 3673 of the Code, for bail. The petition, with the accompanying exhibits, shows that the prisoner was indicted, in the city court of Mobile, at its November term, 1855, for the murder of ¥m.
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APPLICATION by Thomas G-. Banks, under section 3673 of the Code, for bail. The petition, with the accompanying exhibits, shows that the prisoner was indicted, in the city court of Mobile, at its November term, 1855, for the murder of ¥m. H. Troné; that a trial has never been had under said indictment; that on the 26th day of February, 1856, he was brought, on habeas corpus, before the Hon. C. W. Rapier, the judge of the sixth judicial 'circuit, by whom his application for bail was heard and denied ; and that the evidence adduced on the hearing was committed to writing, and embodied in a bill…
1Opinion of the CourtRice, C. J.
By the Code, murder is divided into two degrees. Murder in the first degree may be punished with death, but murder in the second degree can be punished only by confinement in the penitentiary.
Section 3080 of the Code defines murder in the first degree as follows : “ Every homicide perpetrated by poison, lying in wait, or by any other kind of willful, deliberate, malicious, and premeditated killing, or which is committed in the perpetration of, or the attempt to perpetrate, any arson, rape, robbery, or burglary, is murder in the first degree; so, also, every homicide perpetrated from a…
2Cases cited2 opinions
- Ex parte CroomSupreme Court of Alabama · 1851
- Ex parte McCrarySupreme Court of Alabama · 1853
3Cited by13 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- Ex parte BryantSupreme Court of Alabama · 1859
- State v. CrockerWyoming Supreme Court · 1895
- Ex parte GoodSupreme Court of Arkansas · 1858
- In Re Application of CorboNew Jersey Superior Court Appellate Division · 1959
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