Ex parte Whitaker
Supreme Court of Alabama
Petition by William Whitaker (f. m.) for writ of habeas corpus, or such other remedial process as might secure his discharge from custody, on a charge of “ an assault upon -, with intent to murder him,” the Hon. J. P. O’Connor, judge of probate, having refused the same.
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Petition by William Whitaker (f. m.) for writ of habeas corpus, or such other remedial process as might secure his discharge from custody, on a charge of “ an assault upon -, with intent to murder him,” the Hon. J. P. O’Connor, judge of probate, having refused the same. The transcript and bill of exceptions show that the petitioner was arrested and put in jail on the 18th day of March, 1869, by virtue of a warrant of the judge of the county court, upon the affidavit of W. N. Hays, charging the prisoner with “ an assault upon Greene Maloonr with a knife, with intent to murder him, the said…
1Per curiam
The judgment of the judge of probate must be affirmed. The transcript shows enough to remand the petitioner into the custody of the sheriff.
The indictment is clearly defective, and, no doubt, a demurrer to it would be sustained. It should have stated the name of the person assaulted. The original complaint states the name of person assaulted, and. the indictment has a blank for the name, which, by mistake, was probably omitted, to be inserted either by the solicitor who prepared the indictment, or by the foreman of the grand jury who found it.
By § 4314 of the Revised Code, no assignment of…
2Cited by11 opinions
- Ex parte PrinceSupreme Court of Florida · 1891
- State v. KuselWyoming Supreme Court · 1923
- In Re KasterCalifornia Court of Appeal · 1921
- Ex parte WilliamsCalifornia Supreme Court · 1898
- In re KowalskyCalifornia Supreme Court · 1887
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