Anderson v. State

GARDNER, Chief Justice.

The opinion of the Court of Appeals discloses that at the time of the filing of the writ of habeas corpus before the Probate Judge the defendant was being held in custody upon a warrant charging him with first degree murder upon affidavit made before a magistrate of the county court which had preliminary jurisdiction. Spraggins v. State, 139 Ala. 93, 35 So. 1000.

The preliminary hearing seems to have been set for June 3rd, 1940, on which date no action was taken by the State in the prosecution. The following day on June 4th, 1940, defendant filed before the Judge of…