State v. Humphrey
Supreme Court of Alabama
Heard before tlie Hon. S. L. Fuller. Tlie proceedings in this case were had before the probate judge of Cullman county upon a petition filed by Clara Humphrey for a writ of habeas corpus, for the admission of the petitioner to bail. At the time of the filing of the petition and at the time of the hearing, the petitioner was confined in the county jail of Cullman county for murder.
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Heard before tlie Hon. S. L. Fuller. Tlie proceedings in this case were had before the probate judge of Cullman county upon a petition filed by Clara Humphrey for a writ of habeas corpus, for the admission of the petitioner to bail. At the time of the filing of the petition and at the time of the hearing, the petitioner was confined in the county jail of Cullman county for murder. She had been arrested upon a warrant issued by a justice of the peace of said county, and pending the continuance of the hearing before the justice of the peace of said county, she was committed to jail under a writ…
1Opinion of the CourtHaralson, J.
Judges of the supreme, circuit, city, probate and county courts, chancellors, justices of the peace, mayors of incorporated cities or toAvns, within the territorial limits jirescribed for each'by the statute, are committing magistrates. — Code, §§ 5161, 5204, 5295. For the purposes of issuing a warrant upon complaint made of the commission of a criminal offense, any one of these officers, Avithin the territorial limits of his jurisdiction and, for the purposes of a preliminary examination of the defendant after arrest, is equal iu jurisdiction and authority to any of the other magistrates…
2Cases cited4 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- City of Opelika v. DanielSupreme Court of Alabama · 1877
- Ex parte KittrelSupreme Court of Arkansas · 1859
- State ex rel. Sheehan v. Judge of the Fifth District CourtSupreme Court of Louisiana · 1880
3Cited by7 opinions
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1907
- Sherrod v. StateSupreme Court of Alabama · 1916
- Braden v. StateCourt of Criminal Appeals of Alabama · 1969
- State v. SistrunkSupreme Court of Alabama · 1902
- Anderson v. StateSupreme Court of Alabama · 1940
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