Ex parte Simonton
Supreme Court of Alabama
Motion for a writ of habeas corpus. The petitioners presented to the court, a transcript of the record of the Circuit court of Tuskaloosa, being the same which they laid before the court on a previous day, accompanied by a petition addressed to the honorable Peter Martin, judge of the third circuit, and praying a writ of habeus corpus, with a view to their discharge, on bail, from the jail of Tuskaloosa county.
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Motion for a writ of habeas corpus. The petitioners presented to the court, a transcript of the record of the Circuit court of Tuskaloosa, being the same which they laid before the court on a previous day, accompanied by a petition addressed to the honorable Peter Martin, judge of the third circuit, and praying a writ of habeus corpus, with a view to their discharge, on bail, from the jail of Tuskaloosa county. In their petition, they allege that they were indicted for the crime of murder, at the Spring term, eighteen hundred and thirty-nine, of the Circuit court of that county — that the…
1Opinion of the CourtCollier, C. J.
The petitioners predicate their motion for bail, upon the second section of the act of eighteen hundred and twenty-seven, entitled “ an act to amend an act, entitled ‘ an act for the more effectual preservation of personal liberty.’ ” That section is in these words:
“ If any person shall be committed for treason or felony, and shall not be tried at or before the next stated term of the court where the offence is properly cognizable, it shall be lawful for the said court, upon the last day of the term, to set at liberty such prisoner on bail, unless it appear on oath or affirmation, that the…
2Cases cited1 opinion
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
3Cited by12 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Alabama State Board of Health ex rel. Baxley v. Chambers CountySupreme Court of Alabama · 1976
- Ex parte BanksSupreme Court of Alabama · 1856
- Board of Revenue Shelby County v. Farson, Son & Co.Supreme Court of Alabama · 1916
- Ex parte BryantSupreme Court of Alabama · 1859
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