State v. Dixon
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Walter Dixon was allowed bail in the sum of $1,000 on a petition therefor by habeas corpus, and the State appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Walter Dixon was allowed bail in the sum of $1,000 on a petition therefor by habeas corpus, and the State appeals. Section 6245, Code 1907, authorizes the state to appeal from an. order granting bail in a homicide case, and the appeal was taken within the time prescribed by section 6247. — Eos parte Sloan, 14 South. 15; Eco parte Nettles, 58 Ala. 275. By his own acts petitioner brought on the difficulty, — Beeves v. The State, 135 Ala. 14. Petitioner fought willingly, took advantage of the first opportunity to kill at a time…
1Opinion of the Court
PELHAM, J. —
This appeal is prosecuted by the state, under the provisions of section 6245 of the Code, from an order of the judge of the city court of Bessemer, fixing the petitioner's bail in the sum of $1,000 in a habeas corpus proceeding. The case is submitted on a motion to strike the appeal, and on the merits.
The motion to strike is not well taken, and is overruled, as the appeal is shown to have been taken within the time allowed by statute. — Code, § 6247.
The evidence, without conflict, showed a homicide resulting from an assault made on the defendant by the deceased with a stick or…
2Cases cited5 opinions
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- Ex parte SloaneSupreme Court of Alabama · 1891
- State v. LaceySupreme Court of Alabama · 1909
- Butler v. StateAlabama Court of Appeals · 1911