Wray v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene. Habeas corpus by Richard H. Wray to obtain his discharge from imprisonment on hail. From an order denying bail, petitioner appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene. Habeas corpus by Richard H. Wray to obtain his discharge from imprisonment on hail. From an order denying bail, petitioner appeals. Tlie allegations of the petition are that the defendant is entitled to hail and that he is restained without authority of law, in that the justice who tried the case and issued the mittimus, one W. P. Russell, was a justice of peace in heat 11, Jefferson county, Ala., and that he tried the case in beat 22, in said county, and issued his mittimus therefrom. After the conclusion of the evidence…
1Opinion of the CourtAnderson, J.
Pretermitting any question as to the regularity or validitv of the mittimus issued by the *164Magistrate, Russell, the judge of the criminal court is a conservator of the peace, authorized to hold offenders to answer indictments. He could hear evidence as upon a trial de novo, and upon sufficient proof command the imprisonment of the petitioner independent of the validity of the original commitment. — Pruitt v. State, 130 Ala. 147, 30 South. 451, and cases cited.
We hold that the state has the right to open and conclude the argument in habeas corpus proceedings. The. judge of the city court had…
2Cases cited1 opinion
- Pruitt v. StateSupreme Court of Alabama · 1900