Ex parte Banks
Supreme Court of Alabama
APPLICATION by Thomas G-. Banks for a mandamus to the city court of Mobile, Hon. Ales. McKinstry presiding, to obtain a change of venue in a criminal case.
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APPLICATION by Thomas G-. Banks for a mandamus to the city court of Mobile, Hon. Ales. McKinstry presiding, to obtain a change of venue in a criminal case. The petition presented to this court, with the accompanying exhibit, shows that said Banks was indicted, at the November term of said city court, 1855, for the murder of Wm, H. Troné ; that he made an application, supported by affidavit, at the same term of the court, for a change of venue; and that his application was refused. The affidavit submitted in support of that application states, that the affiant does not believe that he can have…
1Opinion of the CourtWalker, J.
The decision of the question before this court depends upon the construction of the statute in reference to changes of venue in criminal cases. If the statute confers upon accused persons a legal right, not determinable alone by the judgment of the court to which the application is made, this court must, in the performance of the constitutional duty of exercising “ a general superintendence and control of inferior jurisdictions”, revise the action of the court below in reference to that right. If the statute confers a right to a change of venue, only when the judgment of the court hearing the…
2Cases cited9 opinions
- Durousseau v. United StatesSupreme Court of the United States · 1810
- Gordon v. LongestSupreme Court of the United States · 1842
- Gould v. HayesSupreme Court of Alabama · 1851
- McCauley v. StateSupreme Court of Alabama · 1855
- Ex parte McCrarySupreme Court of Alabama · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Alabama State Board of Health ex rel. Baxley v. Chambers CountySupreme Court of Alabama · 1976
- Morrison v. StevensonSupreme Court of Alabama · 1881
- Ex parte ChaseSupreme Court of Alabama · 1869
23 more not listed; retrieve them via the Exa API.