Shuttlesworth v. State

*36CATES, Judge.

This proceeding — whether appeal or petition for mandamus — is another consequence of Shuttlesworth v. Birmingham, 41 Ala.App. 697, 130 So.2d 236, cert. den. 272 Ala. 708, 130 So.2d 236.

On our refusal to grant bail (Ex parte Shuttlesworth, 41 Ala.App. 319, 138 So.2d 710) and a like action by the Supreme Court (273 Ala. 228, 138 So.2d 712), Shuttlesworth armed with the order in Ex parte Shuttlesworth, 82 S.Ct. 551, 7 L.Ed.2d 548, was enlarged on $300 bail by the United States District Court for the Northern District of Alabama March 1, 1962.

March 28, 1962, Shuttlesworth filed in…