Ex Parte Forbes
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County ; Hugh D.' Merrill, Judge. Petition for writ of habeas corpus on behalf of Wesley Forbes. From judgment denying the writ, petitioner appeals. Petitioner was entitled to inquire into the legality of the proceedings. 73 Ala. 503; 142 Ala. 72, 39 South. 55; 188 U. S. 691, 23 Sup. Ct. 456, 47 L. Ed. 657. He may show that the process is void, or that he is not a fugitive from justice, and may do this by oral testimony.
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Appeal from Circuit Court, Calhoun County ; Hugh D.' Merrill, Judge. Petition for writ of habeas corpus on behalf of Wesley Forbes. From judgment denying the writ, petitioner appeals. Petitioner was entitled to inquire into the legality of the proceedings. 73 Ala. 503; 142 Ala. 72, 39 South. 55; 188 U. S. 691, 23 Sup. Ct. 456, 47 L. Ed. 657. He may show that the process is void, or that he is not a fugitive from justice, and may do this by oral testimony. Authorities supra, and 174 Ala. 1, 56 South. 735; 152 Ala. 68, 44 South. 685; 78 South. 313; 207 U. S. 100, 28 Sup. Ct. 58, 52 L. Ed. 121.…
1Opinion of the CourtSamford, J.
The appellant was arrested in Calhoun county, Ala., on the 26th day of July, 1919, by the sheriff on the warrant of the Governor of Alabama, issued on the 25th day of July, 1919, in compliance with the requisition of the Governor of the state of Michigan, charging the petitioner with being a fugitive from justice from the state of Michigan. The petitioner on the same day filed his petition addressed to Hon. Hugh D. Merrill, judge of the circuit court of Calhoun county, Ala., praying the issuance of a writ of habeas corpus directed to the sheriff of Calhoun county, and commanding the sheriff…
2Cases cited9 opinions
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- Ex parte StateSupreme Court of Alabama · 1883
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3Cited by9 opinions
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