Ex parte Mahone
Supreme Court of Alabama
The petitioner, being confined in tbe county jail of Macon, under the warrant of a magistrate, to answer an indictment for perjury to be preferred against Mm, was brought on habeas corpus before the lion. Robert Dough-erty, who refused to hear the evidence offered touching the question of his guilt or innocence, on the ground that he was regularly committed, after preliminary examination, by an officer having jurisdiction of the case.
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The petitioner, being confined in tbe county jail of Macon, under the warrant of a magistrate, to answer an indictment for perjury to be preferred against Mm, was brought on habeas corpus before the lion. Robert Dough-erty, who refused to hear the evidence offered touching the question of his guilt or innocence, on the ground that he was regularly committed, after preliminary examination, by an officer having jurisdiction of the case. The prisoner excepted to this decision, and he now makes application for a mandamus from this coui;t, to compel said judge to hear and determine the evidence…
1Opinion of the CourtStone, J.
"We think a prisoner, who is in custody simply on a warrant of commitment, issued after preliminary examination, and before any indictment has been found, ean, when brought on habeas corpus before a proper officer, claim as a matter , of right that such officer shall hear and pass on all legal evidence which he offers, touching the question of his guilt. If, on such examination, “it appear that no offense has been committed, or that there is no probable cause for charging the defendant therewith,”- the prisoner must be discharged. “If it appear that an offense has been committed, and there is…
2Cases cited2 opinions
- Hull v. SupervisorsNew York Supreme Court · 1821
- Davis v. DavisSupreme Court of Alabama · 1844
3Cited by22 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- State v. CobbSupreme Court of Alabama · 1972
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- Ex parte GarlandSupreme Court of Alabama · 1868
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