Ex parte Key
Alabama Court of Appeals
Appeal from Russell Probate Court. Heard before Hon. H. T. Benton. Application of Elbert Key for bail under an indictment charging him with murder.
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Appeal from Russell Probate Court. Heard before Hon. H. T. Benton. Application of Elbert Key for bail under an indictment charging him with murder. From an order denying bail, petitioner appeals. .The dying declarations were not admissible. — Justice v. The Sbate, 99 Ala. 180 v. The State, 95 Ala. 5; Blackburn v. The State, 98 Ala. 53; 4 Enc. of Evid. 925; Sanders v. The State, 56 South. 69; Sims v. The State, 139 Ala. 74; Hussey v. The Slate, 87 Ala. 121; Willis v. The State, 74 Ala. 21. A large discretion is reposed in trial courts in granting or refusing bail, and it should be clear that…
1Opinion of the Court
PELHAM, J. —
The petitioner does not contend but that the crime committed, and for which he is being-held under an indictment charging him with the commission thereof, is one for which the guilty party might properly be punished capitally, but does contend that there is no legal evidence connecting the petitioner with the commission of the offense; that there is not sufficient admissible testimony showing there is a probable cause for holding the petitioner without bail charged with the commission of the crime.
The evidence shows that the deceased, Arthur Green, was found lying upon a public…
2Cases cited17 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Jordan v. StateSupreme Court of Alabama · 1886
- Hussey v. StateSupreme Court of Alabama · 1888
- Ex parte McAnallySupreme Court of Alabama · 1875
- McLean v. StateSupreme Court of Alabama · 1849
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Parker v. StateAlabama Court of Appeals · 1914
- Roan v. StateAlabama Court of Appeals · 1931
- Key v. StateAlabama Court of Appeals · 1913
- Naugher v. StateAlabama Court of Appeals · 1912
- Maloy v. StateAlabama Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.