Butler v. State
Alabama Court of Appeals
Appel from Crenshaw PTobate Court. Heard before Hon. F. M. T. Tankersly. Green Butler and others were indicted for murder in the first degree, and being confined in jail under a mittimus issued on such indictment, they brought habeas corpus for discharge on bail, and from an order denying the writ they appeal.
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Appel from Crenshaw PTobate Court. Heard before Hon. F. M. T. Tankersly. Green Butler and others were indicted for murder in the first degree, and being confined in jail under a mittimus issued on such indictment, they brought habeas corpus for discharge on bail, and from an order denying the writ they appeal. After discussing the evidence at length counsel conclude that bail should have been allowed and in support thereof cite the following authorities: Sec. 16, Constitution 1901; Secs. 6337-8, Code 1907; Ex parte Banks, 28 Ala. 89; Ex parte Hammock, et al., 78 Ala. 116; Jordan v. The State,…
1Opinion of the CourtWalker, P. J.
The tendencies of the evidence submitted by the prosecution and the petitioners, respectively, on the hearing of these two applications for bail were very conflicting. Having regard to the weight which should, in such a case, be accorded by the revising court to the judgment of the primary tribunal, when the same is presented for review on appeal (Ex parte Sloane, 95 Ala. 22, 11 South. 11; Ex parte McAnnally, 53 Ala. 195, 25 Am. Rep. 616; Ex parte Hetties, 58 Ala. 268). it cannot be said that the record in these cases makes it clear that the judge of probate was in error in denying bail.…
2Cases cited3 opinions
- Ex parte NettlesSupreme Court of Alabama · 1877
- Ex parte SloaneSupreme Court of Alabama · 1891
- Smith v. HuckabeeSupreme Court of Alabama · 1875
3Cited by5 opinions
- Webb v. StateAlabama Court of Appeals · 1951
- State v. ChanceyAlabama Court of Appeals · 1916
- State v. ColeAlabama Court of Appeals · 1912
- State v. ReevesAlabama Court of Appeals · 1916
- State v. DixonAlabama Court of Appeals · 1912