Ex parte Hammock
Supreme Court of Alabama
This was an application by petition, on the part of Frank Hammock and James Elrod, who were under indictment for the murder of William Harris, for the writs of certiorari and habeas corpus to procure their discharge on bail, which had been refused by Hon. A. L. Moody, the probate judge of Franklin county. A copy of the proceedings had before the probate judge, certified by then) to be correct, was made an exhibit to the petition. The opinion states the material facts.
1Opinion of the CourtStone, C. J.
Petitioners were under indictment for murder, and were brought before the judge of probate of Franklin county on habeas corpus, on an application to be admitted to bail. The case coming up for hearing, there was produced in evidence for the State the indictment-found by the grand jury, indorsed a true bill, and charging the petitioners with the crime of murder; and here the State rested. It was under this charge the petitioners were imprisoned. The petitioners thereupon offered oral proof, tending to exculpate themselves. The State offered no inculpatory testimony, but rested on the case as…
2Cases cited3 opinions
- Bryant v. StateSupreme Court of Alabama · 1860
- Ex parte RhearSupreme Court of Alabama · 1884
- Ex parte McGlawnSupreme Court of Alabama · 1883
3Cited by24 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- Tijerina v. BakerNew Mexico Supreme Court · 1968
- In re LosassoSupreme Court of Colorado · 1890
- State v. MasseyAlabama Court of Appeals · 1924
- In Re ThomasCourt of Criminal Appeals of Oklahoma · 1908
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