State v. Carter
Alabama Court of Appeals
Habeas Corpus. Aiteae from Conecuh Probate Court. Heard before I-Ion. F. J. Dean. Application of Martin Carter to be allowed bail. From a decree granting bail and fixing the amount, the .state appeals. No brief reached the Beporter.
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Habeas Corpus. Aiteae from Conecuh Probate Court. Heard before I-Ion. F. J. Dean. Application of Martin Carter to be allowed bail. From a decree granting bail and fixing the amount, the .state appeals. No brief reached the Beporter. The transcript shows no exceptions reserved to any action or ruling of the court- below or to the judgment, and hence, there is nothing presented for review. — Hurd. v. City of Troy, 54 South. 495. The cause should be affirmed. — State v. Dixon, 59 South. 313; State v. Cole, 59 South. 681; State v. Lacy, 158 Ala. 16.
1Opinion of the CourtWalker, P. J.
What is called the bill of exceptions sets out the evidence offered on the hearing of appellee’s application for bail, and the ruling of the examining magistrate allowing hail and prescribing the amount thereof, but does not show that any exception Avas reserved by the prosecution to that or any other ruling made. The question of the petitioner’s right to be admitted to bail Avas one of laAV arising on the evidence adduced. As a question of law so arising does not “distinctly appear on the record,” within the meaning of the statute, it must, to he presented for revieAV on appeal, “be reserved…
2Cases cited2 opinions
- Ex parte KnightSupreme Court of Alabama · 1878
- Hurd v. City of TroySupreme Court of Alabama · 1911
3Cited by1 opinion
- Rivers v. StateAlabama Court of Appeals · 1915