Ex parte Ray & Defoe
Supreme Court of Alabama
This was an original application to the supreme court for mandamus. The petition shows the following state of facts : The petitioners, Ray & Defoe, having been indicted for murder at the fall term of the circuit court of Limestone, were arrested on a capias issued by the clerk of said court and committed to the county jail. They then petitioned the probate judge of the county for a writ of habeas corpus to discharge or admit them to bail, as the evidence required.
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This was an original application to the supreme court for mandamus. The petition shows the following state of facts : The petitioners, Ray & Defoe, having been indicted for murder at the fall term of the circuit court of Limestone, were arrested on a capias issued by the clerk of said court and committed to the county jail. They then petitioned the probate judge of the county for a writ of habeas corpus to discharge or admit them to bail, as the evidence required. The probate judge granted the writ, and on the day set for the hearing the sheriff, in obedience to the writ, having produced the…
1Opinion of the CourtPeon, C. J.
The most important question made on this application is, has a probate judge jurisdiction to issue a writ of habeas corpus, on the petition of a party who is confined in the common jail of the county, after an indictment for murder is found against him, for the purpose of admitting him to bail ?
This question, as we think, depends upon the meaning and interpretation of section 4264 of the Eevised Code, which is in the following words, to-wit: “ Where the person is confined in the county jail, or in any other place, on a charge of felony, or under a commitment for felony, the petition must be…
2Cited by13 opinions
- Carter v. MitchellSupreme Court of Alabama · 1932
- Mette v. FeltgenIllinois Supreme Court · 1894
- Ex parte CampbellSupreme Court of Alabama · 1900
- Ex Parte RegisterSupreme Court of Alabama · 1952
- Graetz v. McKenzieWashington Supreme Court · 1891
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