Antonez v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. C. W. Rapiek. 1. The indictment against Paine was for a felony; and, under the Code, bail could only be taken in open court, or by a judge in vacation. — Code, pt. iv, ch. 8, tit. 2 ; 15 Ala. 108. 2. The order of the court for the discharge of the prisoner, upon his entering into bond, was a nullity, as the court had no right to delegate its power. — Butler v. Poster, 14 Ala. 328. 3. The bond, judgment nisi, and…
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. C. W. Rapiek. 1. The indictment against Paine was for a felony; and, under the Code, bail could only be taken in open court, or by a judge in vacation. — Code, pt. iv, ch. 8, tit. 2 ; 15 Ala. 108. 2. The order of the court for the discharge of the prisoner, upon his entering into bond, was a nullity, as the court had no right to delegate its power. — Butler v. Poster, 14 Ala. 328. 3. The bond, judgment nisi, and scire facias did not correspond with the indictment: they varied from the charge described in the indictment, and were…
1Opinion of the CourtChilton, C. J.
— At the November, term, 1853," of .the Circuit Court of Baldwin county, one John Paine was indicted, under the Code,.for killing one William Cameron and one John-, whose surname was to the grand jurors unknown-.
The prisoner being in .custody, and it appearing to the.-satisfaction of the court that the jail of .Baldwin county, was insufficient for his safe-keeping, and that the jail.of Mobile county was the nearest sufficient jail, it was ordered by the court that-the prisoner be delivered by the shcriff-of Baldwin to the sheriff of Mobile county for safe-keeping in the jail of that county…
2Cases cited1 opinion
- Butler v. FosterSupreme Court of Alabama · 1848
3Cited by6 opinions
- State v. Sureties of KrohneWyoming Supreme Court · 1893
- Callahan v. StateSupreme Court of Alabama · 1877
- Gray v. StateSupreme Court of Alabama · 1869
- Jacquemine v. StateMississippi Supreme Court · 1873
- Evans v. StateSupreme Court of Alabama · 1879
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