Sample v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Heard before the Hon. John Moobe. The appellant in this case, William Sample, filed an application for habeas corpus, addressed'to the Judge of the Fourth Judicial Circuit of the State of Alabama, holding court in the county of Hale, by which the petitioner averred that he was, at the time, in custody under an indictment for murder in the first degree, and prayed that a writ of habeas corpus be issued and that he be discharged from such…
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Appeal from the Circuit Court of Hale. Heard before the Hon. John Moobe. The appellant in this case, William Sample, filed an application for habeas corpus, addressed'to the Judge of the Fourth Judicial Circuit of the State of Alabama, holding court in the county of Hale, by which the petitioner averred that he was, at the time, in custody under an indictment for murder in the first degree, and prayed that a writ of habeas corpus be issued and that he be discharged from such custody, on the ground that he had been denied a speedy trial to which he was entitled under the constitution of the…
1Opinion of the CourtTyson, J.
This appeal is from an order denying a petition for a writ of habeas corpus. The theory of the petition is that the accused has been denied his constitutional right of a speedy trial. “A speedy trial means a trial regulated and conducted by fixed rules of law and any delay created by the operation of those rules does not work prejudice to any constitutional right of the defendant.”- — -Church on Habeas Corpus, § 254; Nixon v. The State, 41 Am. Dec. 604 and note; 6 Am. & Eng. Law, (2d ed.), 992-3.
In Tate’s case (76 Ala. 484)-, this court, speaking to this point, said: “By the Declaration of…
2Cases cited1 opinion
- Ex parte State, in re TateSupreme Court of Alabama · 1884
3Cited by18 opinions
- State v. KeefeWyoming Supreme Court · 1908
- Ex Rel Eubanks v. Cole, District JudgeCourt of Criminal Appeals of Oklahoma · 1910
- Tiner v. StateSupreme Court of Alabama · 1966
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1951
- McConnell v. StateCourt of Criminal Appeals of Alabama · 1972
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