State v. McNutt

BRICKEN, Presiding Judge.

This appeal is by the state, under section 3238 of the Code 1923, as amended by Gen. Acts 1927, p. 76.

The judge of the Morgan county court had the authority to issue the writ of habeas corpus, and to hear and determine the matters presented by the petition therefor. Local Acts 1919, § 20, p. 198, amended by Local Acts 1931, §§ 20, 23, p. 144; Pugh v. Pugh, 21 Ala. App. 650, 111 So. 644.

The petitioner, appellee here, was indicted by the grand jury for the offense of murder in the first degree. This charge being prima facie not bailable, petition for habeas corpus was…