Ex parte Hall
Supreme Court of Alabama
This was a petition of William M. Hall for a rule nisi to be directed to the presiding judge of the circuit court of Etowah, commanding said court to strike from the docket the case of the State of Alabama v. William M. Hall, on an indictment for murder, on the ground that the case had been discontinued. The facts material to an understanding of the case will be found in the opinion of the court.
Read the full summary
This was a petition of William M. Hall for a rule nisi to be directed to the presiding judge of the circuit court of Etowah, commanding said court to strike from the docket the case of the State of Alabama v. William M. Hall, on an indictment for murder, on the ground that the case had been discontinued. The facts material to an understanding of the case will be found in the opinion of the court. Cooper & Beeves, for the petition. — Under the laws of England, whence our system of jurisprudence is derived, since the time of Edward I, the king was recognized as the fountain of justice and…
1Opinion of the CourtPeck, C. J.
A criminal, as well as a civil suit, may be discontinued. A. discontinuance is defined to be a gap or chasm in the proceeding after the suit is pending. — Hawk Pleas of the Crown, vol. 2, 416; Chitty’s Crim. Law, 346; Drinkard v. The State, 20 Ala. 9. In that ease, the defendant below was indicted for gaming. Two writs of capias Were issued against Mm, which were returned “not found.” Thereupon, on motion of the solicitor, with the leave of the court, the case' was withdrawn Rom the docket, with leave to reinstate the case, if necessary. No further step was taken in the cause for several…
2Cases cited2 opinions
- Drinkard v. StateSupreme Court of Alabama · 1852
- Ex parte RiversSupreme Court of Alabama · 1867
3Cited by18 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Reeves v. StateSupreme Court of Alabama · 1892
- State Ex Rel. Reardon, Co. v. ScalesSupreme Court of Oklahoma · 1908
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Clanton v. StateSupreme Court of Alabama · 1892
13 more not listed; retrieve them via the Exa API.