Legal Opinion

Bales v. State

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 55 opinions

From the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. The prisoner in this case, John H. Bales (or Bailes), was indicted for the murder of his wife, Mary Alice Bailes, in May, 1879, by shooting her with a pistol. The indictment was found at a special term of said Circuit Court, held on the third Monday in July, 1879; and the trial was had at the same term.

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From the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. The prisoner in this case, John H. Bales (or Bailes), was indicted for the murder of his wife, Mary Alice Bailes, in May, 1879, by shooting her with a pistol. The indictment was found at a special term of said Circuit Court, held on the third Monday in July, 1879; and the trial was had at the same term. The special term was held in pursuance of an order made by Hon. W. B. Wood,"the judge of the fourth judicial circuit, on the 4th June, 1879, which is copied in the transcript, and in which it is recited that a special term…

1Opinion of the CourtBeickell, C. J.

By the statute (Code of 1876, §§ 652-3), which is shown by the record to have been strictly pursued, a judge of the Circuit Court has full power to convene “ a special term, in any county in his circuit, .whenever, in his opinion, a special term is necessary.” The exercise of the power rests wholly in the discretion of the judge, and his conviction of the necessity for the term. The statute provides further, that, “ at- such special term, the judge shall have the same power, jurisdiction, and authority to organize a grand jury, and to try and dispose of all causes, both civil and criminal,…

2Cases cited10 opinions

  1. Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
  2. State v. MoreaSupreme Court of Alabama · 1841
  3. State v. WilliamsSupreme Court of Alabama · 1831
  4. Hoover v. StateSupreme Court of Alabama · 1877
  5. Harrington v. StateSupreme Court of Alabama · 1860

5 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
  2. Coghill v. KennedySupreme Court of Alabama · 1898
  3. Smarr v. StateSupreme Court of Alabama · 1953
  4. Leith v. StateSupreme Court of Alabama · 1921
  5. Johnson v. StateSupreme Court of Alabama · 1893

50 more not listed; retrieve them via the Exa API.

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