Ex parte Riley
Supreme Court of Alabama
Petition by Enoch Riley for the writ of habeas corpus, to procure his discharge from the custody of the sheriff of Tuskaloosa county, and the writ of certiorari to review the proceedings had before Hon. Wm. G. Cochrane, the judge of probate of Tuskaloosa county, who had refused to discharge the petitioner. The opinion states the facts.
1Opinion of the CourtWalker, J.
— The petitioner was committed after preliminary examination before a justice of the peace. When he was brought before the judge of probate upon habeas corpus, the prosecutor and all the witnesses who had testified on the preliminary examination were present and were examined. After such examination the probate judge made an order remanding the petitioner. He was entitled'to be discharged from custody, if, on such examination, it appeared that no offense had been committed, or that there was no probable *83cause for charging him therewith. — Criminal Code, § 4781; Ex parte Champion, 52 Ala. 311;…
2Cases cited5 opinions
- Ex parte MahoneSupreme Court of Alabama · 1857
- Green v. StateSupreme Court of Alabama · 1881
- Mack v. StateSupreme Court of Alabama · 1879
- Carlisle v. StateSupreme Court of Alabama · 1884
- Ex parte ChampionSupreme Court of Alabama · 1875
3Cited by15 opinions
- Bailey v. StateSupreme Court of Alabama · 1909
- Goolsby v. StateSupreme Court of Alabama · 1925
- Ex parte WoodwardSupreme Court of Alabama · 1913
- Ex parte SimpsonAlabama Court of Appeals · 1912
- Bailey v. StateSupreme Court of Alabama · 1908
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