Palmer v. State
Supreme Court of Alabama
Appeal from order of Chancellor of Northeastern Chancery Division. Heard before Hon. W. H. Simpson. P'etition by Fayette Palmer for writ of habeas corpus. From an order denying the writ, he appeals.
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Appeal from order of Chancellor of Northeastern Chancery Division. Heard before Hon. W. H. Simpson. P'etition by Fayette Palmer for writ of habeas corpus. From an order denying the writ, he appeals. The allegation of the. petition is that petitioner was convicted in the circuit court of Marion county on the 24tli clay of August, 1910, and sentenced to the peniten-tiai-v for the term of five years, that he made known his desire to appeal to the Supreme Court, and the presiding judge of the circuit court ordered that he be admitted to bail in the sum of $1,000, to be approved by the clerk; and…
1Opinion of the CourtAnderson, J.
While section 7007 of the Code of 1907, authorizes the prosecution of the writ of habeas corpus by any person who is “imprisoned or restrained of his liberty in this state, on any charge or accusation or under any other pretense whatever,” except when *104held under process from the federal authority, the writ does not lie, unless he is imprisoned or in actual re* straint. In other words, he must be in such control or custody of the person against whom the petition is directed that his body can be produced at the hearing by the said custodian or restrainer. Section 7024 expressly requires the…
2Cases cited4 opinions
- Ex Parte FosterCourt of Criminal Appeals of Texas · 1903
- Ex Parte SnodgrassCourt of Criminal Appeals of Texas · 1901
- Ex Parte BranchCourt of Criminal Appeals of Texas · 1896
- Ex Parte TalbuttCourt of Criminal Appeals of Texas · 1898
3Cited by10 opinions
- Williams v. StateAlabama Court of Appeals · 1963
- Shuttlesworth v. StateAlabama Court of Appeals · 1962
- Rose v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1928
- Herrmann v. RobinsonAlabama Court of Appeals · 1966
- In Re GilkeyCalifornia Court of Appeal · 1927
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