Ex parte Byrd
Supreme Court of Alabama
Mandamus. Original petition in the Shpreme Court. Petition of M. B. Byrd for mandamus directed to Hon. H. A. Pearce, Judge, to show cause why he should not admit James S. Gardner to hail pending an appeal. In amending section 6262 of the Code, the legislature providing for bail only in cases of writs of error, and made no provision for the judge trying the case to admit a, defendant to bail who had been convicted of a felony, and had taken an appeal.
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Mandamus. Original petition in the Shpreme Court. Petition of M. B. Byrd for mandamus directed to Hon. H. A. Pearce, Judge, to show cause why he should not admit James S. Gardner to hail pending an appeal. In amending section 6262 of the Code, the legislature providing for bail only in cases of writs of error, and made no provision for the judge trying the case to admit a, defendant to bail who had been convicted of a felony, and had taken an appeal. The section amended means that the judge or the court issuing the writ of error is the only judge or court with authority to direct the clerk to…
1Opinion of the CourtSimpson, J.
This is a. petition for a mandamus to the judge of the circuit court to show cause why he should not permit James S. Gardner to he released from custody on executing a bail bond.
The petition alleges that said Gardner was convicted of the offense of obtaining money under false pretenses, at the fall term, 1910, of the circuit court, and sentenced to a term of four years in the penitentiary; that said Gardner gave notice of an appeal to this court, whereupon the sentence was suspended, and the court fixed the amount of bail at $1,000; and that, after the adjournment of said court, the judge…
2Cases cited1 opinion
- State ex rel. Reynolds v. WeaverSupreme Court of Alabama · 1910
3Cited by6 opinions
- Hatas v. PartinSupreme Court of Alabama · 1965
- Donovan v. StateCourt of Criminal Appeals of Alabama · 1978
- State Ex Rel. Russell v. JonesAlabama Court of Appeals · 1943
- Timms v. ScottSupreme Court of Alabama · 1946
- State v. J.M.W.Court of Criminal Appeals of Alabama · 2005
1 more not listed; retrieve them via the Exa API.