Ex parte Rand
Supreme Court of Alabama
Application by petition in the name of Jim Rancl, for the writ of habeas corpus to procure his discharge from the custody of the sheriff and jailor of Lauderdale county, who held him under a judgment and sentence rendered by a justice of the peace of said county.
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Application by petition in the name of Jim Rancl, for the writ of habeas corpus to procure his discharge from the custody of the sheriff and jailor of Lauderdale county, who held him under a judgment and sentence rendered by a justice of the peace of said county. The application was first made to the Hon. W. B. McClure, probate judge of the county, who refused to discharge the petitioner ; and a bill of exceptions being reserved to his ruling, the application is renewed to this court. cited Ex parte King, 82 Ala. 59; Ex parte Crews, 78 Ala. 457; Kirby v. State, 62 Ala. 51.
1Opinion of the CourtColeman, J.
On the 8th of December, 1892, Jim Rand was tried and convicted upon a charge of assault and battery, and sentenced to perform hard labor for the county. Being detained in jail by the sheriff, on the 30th of December, 1892, he sued out a writ of habeas corpus, alleging among other things that he was wrongfully and illegally detained in the county jail by the sheriff. The facts are undisputed, and there are no circumstances or reasons given why the petitioner has been thus detained in jail for so long a time after his conviction and sentence. Under the following authorities, it was the duty of…
2Cases cited3 opinions
- Kirby v. StateSupreme Court of Alabama · 1878
- Ex parte CrewsSupreme Court of Alabama · 1885
- Ex parte KingSupreme Court of Alabama · 1886
3Cited by3 opinions
- White v. StateSupreme Court of Alabama · 1901
- Ex Parte KingAlabama Court of Appeals · 1917
- Talley v. WebsterSupreme Court of Alabama · 1930