Legal Opinion

Bell's Case

Supreme Court of Virginia

Decided December 6, 1850PublishedCited by 5 opinions

This is an application to this Court for a writ of habeas corpus by Alonzo G. Bell. It appears that he was arrested in the county of Campbell in March 1850, on a charge for horse stealing. At the May term of the County court he was examined, and sent on for further trial before the Circuit court.

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This is an application to this Court for a writ of habeas corpus by Alonzo G. Bell. It appears that he was arrested in the county of Campbell in March 1850, on a charge for horse stealing. At the May term of the County court he was examined, and sent on for further trial before the Circuit court. It seems that the Circuit court was in the sixth day of its session when the prisoner was examined before the County court; and he was not indicted either at that term of the Circuit court or at the October term. In November the prisoner applied to the Judge of the Circuit court for a writ of habeas…

1Opinion of the CourtUomax, J.

Upon the petition filed in this case the petitioner asks that this Court “will cause the petitioner to be discharged from further imprisonment,” &c. The writ of habeas corpus is not applied for expressly by the petition, but is now applied for by motion, as the means of effecting the discharge which is asked for. The evidence offered to shew probable cause to believe that the petitioner “is detained without lawful authority” in custody, consists of a petition offered by him to a circuit Judge, with an affidavit dated 21st October 1850, endorsed on the petition, of the truth of the statements…

2Cited by5 opinions

  1. State ex rel. Smith v. DeBerryWest Virginia Supreme Court · 1961
  2. Kibler v. CommonwealthSupreme Court of Virginia · 1897
  3. State v. CrawfordWest Virginia Supreme Court · 1919
  4. Sands v. CommonwealthSupreme Court of Virginia · 1871
  5. State v. De BerryWest Virginia Supreme Court · 1961

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