State v. Gambrell
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; Wm. E. Fort, Judge. Cuba Gambrell, alias, etc., was indicted for murder in the first degree. Prom an order of the circuit court in habeas corpusi proceeding allowing the defendant bail, the State appeals.
1Opinion of the CourtBricken, J.
This appeal is by the state from an order made by the judge of the Tenth judicial circuit in a habeas corpus proceeding, in which the court, after hearing all-the evidence, allowed the defendant bail!
The .defendant was held under an indictment charging him with murder in the first degree. An exámination of the evidence discloses a conflict, and the judgment of the court can well he founded thereon. It has often been held that in reviewing the finding of the primary tribunal, unless his finding is contrary to the great weight or preponderance of the evidence, such finding will not be…
2Cases cited2 opinions
- State v. LaceySupreme Court of Alabama · 1909
- State v. ChanceyAlabama Court of Appeals · 1916
3Cited by1 opinion
- Miller v. FaustSupreme Court of Alabama · 1948