Legal Opinion

Pixley v. State

Alabama Court of Appeals

Decided February 8, 1921No. 8 Div. 767Published

Appeal from Morgan County Court; W. T. Lowe, Judge. Habeas corpus proceeding by D. M. Pixley. Discharge denied, and petitioner appeals. Defendant was entitled, under the facts, to his discharge. 39 Ala. 560; 140 Ala. 177, 37 South. 250; section 7023, Code 1907. The returns make out a prima facie case, and the court properly denied the writ. 17 Ala. App. 405, 85 South. 590; 16 Ala.

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Appeal from Morgan County Court; W. T. Lowe, Judge. Habeas corpus proceeding by D. M. Pixley. Discharge denied, and petitioner appeals. Defendant was entitled, under the facts, to his discharge. 39 Ala. 560; 140 Ala. 177, 37 South. 250; section 7023, Code 1907. The returns make out a prima facie case, and the court properly denied the writ. 17 Ala. App. 405, 85 South. 590; 16 Ala. App. 397, 78 South. 313; 33 Ala. 503; 142 Ala. 72, 39 South. 55; 144 Ala. 104, 42 South. 23; U. S. Compiled Statutes 1916, § 10126; sections 573, 3983, Code 1907.

1Opinion of the CourtMerritt, J.

The petitioner, D. M. Pixley, filed his petition before Hon. W. T. Lowe, judge of the Morgan county court, of Morgan county, Ala., praying for - his discharge.

The appellant- was arrested in Morgan county, Ala., on the warrant of the Governor of Alabama, in compliance with the requisition of Ben E. McFerrin, Acting Governor of the state of Arkansas, charging petitioner "(jjth being a fugitive from justice from the state of Arkansas. On a hearing it was ordered that petitioner was not entitled to his discharge, and he was remanded to the custody of W. F. Sibeck, as agent of the state of…

2Cases cited5 opinions

  1. Ex parte StateSupreme Court of Alabama · 1883
  2. Barriere v. StateSupreme Court of Alabama · 1904
  3. Singleton v. StateSupreme Court of Alabama · 1906
  4. Godwin v. StateAlabama Court of Appeals · 1918
  5. Ex Parte ForbesSupreme Court of Alabama · 1920

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