Young v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. The appellants, Henry Young and Smith Harris, filed their petition on November 21, 1901, addressed to Hon. A. D. Sayre, judge of the city court of Montgomery, in which they averred that the petitioners were imprisoned in the county jail of Montgomery county and were held by the sheriff of Montgomery county under a mittimus issued by Ben Screws, justice of the peace; that the said petitioners were…
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Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. The appellants, Henry Young and Smith Harris, filed their petition on November 21, 1901, addressed to Hon. A. D. Sayre, judge of the city court of Montgomery, in which they averred that the petitioners were imprisoned in the county jail of Montgomery county and were held by the sheriff of Montgomery county under a mittimus issued by Ben Screws, justice of the peace; that the said petitioners were discharged upon a habeas corpus proceedings by the Hon. A. D. Sayre on Novemher 21, 1901, and are now arrested and held…
1Opinion of the CourtHaralson, J.
In the reasons assigned therefor by Judge Sayre for his refusal to discharge petitioners on their application, he states, that on hearing the first writ of habeas corpus returnable before him when he ordered the discharge of the prisoners, he thought that the order of the city court, Judge Thomas as associate judge presiding, holding petitioners for investigation of the charge against them by a future grand jury was void, because petitioners were not present in court as appeared, when such order was made, but he now finds that petitioners were not entitled to a discharge from the prosecution…
2Cases cited3 opinions
- Fuller v. StateSupreme Court of Alabama · 1898
- Ex parte StearnesSupreme Court of Alabama · 1893
- Rogers v. StateSupreme Court of Alabama · 1885
3Cited by3 opinions
- Ex parte SimpsonAlabama Court of Appeals · 1912
- Nolly v. StateAlabama Court of Appeals · 1950
- Jackson v. StateAlabama Court of Appeals · 1954