State v. Lacey
Supreme Court of Alabama
Appeal from Shelby Probate Court. Heard before Hon. A. P. Longshore. Habeas corpus by Jake Lacy against the State to compel petitioner’s admittance to bail. From an order admitting petitioner to bail, the State appeals.
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Appeal from Shelby Probate Court. Heard before Hon. A. P. Longshore. Habeas corpus by Jake Lacy against the State to compel petitioner’s admittance to bail. From an order admitting petitioner to bail, the State appeals. The state has the right of appeal. — Sec. 6245, Code 1907; The State v. Durham, 139 Ala. 661; Toicn of Elba v. Rhodes, 142 Ala. 690; Burr v. Foster, 132 Ala. 41. This statute has been declared constitutional. — State v. Towery, 143 Ala. 48. Where it is patent that bail should be denied this court will reverse and render a decree admitting to bail.— State v. Durham, supra. Bail…
1Opinion of the CourtAndebson, J.
That the state has the right to appeal in this case there can be no doubt. Section 6245 of the Code of 1907. It lias also been held that this right given the state does not violate the Constitution. State v. Towery, 143 Ala. 48, 39 South. 309.
As has been repeatedly held by this court, where there is a conflict in the evidence and the judge below sees and hears the witnesses, his conclusion on the facts will not be disturbed, unless his finding is contrary to the great Aveight or preponderance of the evidence. It is insisted, by the state’s counsel that this rule should not apply in the case…
2Cases cited1 opinion
- State v. TowerySupreme Court of Alabama · 1904
3Cited by11 opinions
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Baird v. NagelIndiana Supreme Court · 1924
- Gambrell v. BridgesAlabama Court of Appeals · 1956
- Alvis v. StateAlabama Court of Appeals · 1952
- State v. ChanceyAlabama Court of Appeals · 1916
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