Ex parte West
Supreme Court of Alabama
Petition for writ of habeas corpus for discharge on bail, which had been refused by the Hon. W. W. Morris, Probate Judge of Dale county. The petitioner being confined in jail on a charge of arson made application to the Probate judge of Dale county for his discharge on habeas corpus. The sheriff for answer or return to the writ showed that the petitioner was held in custody under a mittimus regular in form, issued by a justice of the peace.
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Petition for writ of habeas corpus for discharge on bail, which had been refused by the Hon. W. W. Morris, Probate Judge of Dale county. The petitioner being confined in jail on a charge of arson made application to the Probate judge of Dale county for his discharge on habeas corpus. The sheriff for answer or return to the writ showed that the petitioner was held in custody under a mittimus regular in form, issued by a justice of the peace. All the witnesses who were examined on petitioners’ preliminary examination were present, but only two of them were introduced by the petitioner before…
1Opinion of the CourtColeman, J.
The petition and record show that petitioner was regularly tried before a committing officer, for the offense of arson, and committed to jail in default of giving bail in the sum of four hundred dollars for his appearance to answer an indictment that might be preferred against him for such offense. Prom this imprisonment he sued out a writ of habeas corpus returnable before the Probate judge of Dale county. The sheriff made due return in accordance with the facts stated. All the witnesses who were examined before the committing magistrate, were present and sworn as witnesses at the hearing of…
2Cases cited6 opinions
- Bonner v. StateSupreme Court of Alabama · 1876
- Ex parte RileySupreme Court of Alabama · 1891
- Ex parte ChampionSupreme Court of Alabama · 1875
- Ex parte State, in re TateSupreme Court of Alabama · 1884
- Ex parte McGlawnSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. SmithSupreme Court of Alabama · 1902
- Ex parte SimpsonAlabama Court of Appeals · 1912
- Alvis v. StateAlabama Court of Appeals · 1952