Ex parte Driver
Supreme Court of Alabama
Applications by petition, by Dave Driver and Robert Murray, respectively, for writs of mandamus, to the Hon. M. J. Safpold, presiding in the circuit court of Hale county, requiring him to discharge the petitioners from custody, and front further prosecution under indictments pending in said court against them, as stated in the opinion of the court.
1Opinion of the CourtB. F. Saffold, J.
The petitioners, under indictment, the first, for assault with intent to murder, and the second, for murder, ask for a mandamus to the judge of the circuit court. of Hale county, to discharge them from custody and further prosecution on account of these alleged offences. The ground of discharge in each case is averred to be, that the fall term of the court in 1873 was not held on account of the failure of the judge to attend, and there was no formal entry on the record of the continuance of either cause; also, that the legislature authorized a special term of the said circuit court to be held…
2Cases cited3 opinions
- Ex parte HallSupreme Court of Alabama · 1872
- Ex parte RemsonSupreme Court of Alabama · 1857
- Greer v. McGeheeSupreme Court of Alabama · 1836
3Cited by8 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- City of Mobile v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1929
- Smith v. StateSupreme Court of Alabama · 1907
- Wright v. StateAlabama Court of Appeals · 1915
- Ferber v. BruecklSupreme Court of Missouri · 1929
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