Pippin v. State
Supreme Court of Alabama
Appeal from Coffee Probate Court. Hoard before Hon. S. N. Rowe. Application by J. W. Pippin on habeas corpus for bail. From an order denying petitioner bail, he appeals.
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Appeal from Coffee Probate Court. Hoard before Hon. S. N. Rowe. Application by J. W. Pippin on habeas corpus for bail. From an order denying petitioner bail, he appeals. The continuance of the cause without the consent of the defendant for more than ten days rendered the warrant functus officio': — Section 7594, Code 1907. The life of the warrant was ended when the report ivas made to the grand jury of preliminary investigation. — State v. Graham, 136 Ala. 134; Ex parte Stern, 104 Ala. 93; Young, et al. v. The State, 131 Ala. 51. The mittimus must show an offense punishable capitally.- —…
1Opinion of the CourtMcCLELLAN, J.
Habeas corpus. Appeal from order denying petitioner bail. On March 8, 1908, Carlisle, a justice of the peace, issued a warrant for the arrest of petitioner on the charge of murder, and the process was executed on that day. During the pendency of the proceeding before Carlisle, Owen, another justice, upon process issued by him on March 14, 1908, conducted an investigation and admitted petitioner to bail. This action on the part of Owen was wholly vain, for the reason that Carlisle’s jurisdiction had attached. — State v. Humphrey, 125 Ala. 110, 27 South. 969.
On March 16, 1908, the circuit court…
2Cases cited3 opinions
- Louisville & Nashville R. R. v. LoydSupreme Court of Alabama · 1914
- State v. HumphreySupreme Court of Alabama · 1899
- Ex parte CrawlinSupreme Court of Alabama · 1890
3Cited by2 opinions
- Sherrod v. StateSupreme Court of Alabama · 1916
- Anderson v. StateSupreme Court of Alabama · 1940