State v. Smith
Supreme Court of Alabama
Appeal from Order of the.-Probate Judge of Coffee County. Heard before the Hon. F. M. Rushing. The proceedings in this case were had upon a petition filed by the appellee, Henry Smith, addressed to the Probate Judge of Coffee county, asking for a writ of habeas corpus, and that he be discharged, it being averred in the petition that he was in custody under a mittimus, issued by a justice of the peace on a preliminary hearing upon an affidavit, charging the petitioner with…
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Appeal from Order of the.-Probate Judge of Coffee County. Heard before the Hon. F. M. Rushing. The proceedings in this case were had upon a petition filed by the appellee, Henry Smith, addressed to the Probate Judge of Coffee county, asking for a writ of habeas corpus, and that he be discharged, it being averred in the petition that he was in custody under a mittimus, issued by a justice of the peace on a preliminary hearing upon an affidavit, charging the petitioner with grand larceny. The facts of the case are sufficiently stated in the opinion. Upon the hearing the judge rendered an order,…
1Opinion of the CourtMcCLELLAN, C. J.
Some doubt was expressed or implied in Ex parte West, 100 Ala. 65, of the soundness of the propositions announced in Ex parte Champion, 52 Ala. 311, to the effect that when a prisoner committed on preliminary examination applies for his discharge on habeas corpus, he “ought not to be discharged Avithout all the Avitnesses that had been previously examined against him, if still living and attainable, being-produced and examined,” and that “in the absence of any material witness Avho previously testified against *113him, the question for consideration should relate to the amount of bail, if the…
2Cases cited2 opinions
- Ex parte ChampionSupreme Court of Alabama · 1875
- Ex parte WestSupreme Court of Alabama · 1893
3Cited by24 opinions
- Armstrong v. StateSupreme Court of Alabama · 1975
- In re OxleyNevada Supreme Court · 1915
- Curreri v. ViceCourt of Appeals for the Ninth Circuit · 1935
- State Ex Rel. Jeffrey v. TessmerSupreme Court of Minnesota · 1941
- Crum v. StateCourt of Criminal Appeals of Oklahoma · 1963
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