Ex parte Sam
Supreme Court of Alabama
The petitioner in this case sued out a writ of habeas corpus, returnable on the first day of May, 1874, before the Hon. E. M. Kexls, judge of the city court of Eufaula, to procure his discharge from custody and confinement by Henry Thornton, “ superintendent of the chain-gang of Barbour county.”
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The petitioner in this case sued out a writ of habeas corpus, returnable on the first day of May, 1874, before the Hon. E. M. Kexls, judge of the city court of Eufaula, to procure his discharge from custody and confinement by Henry Thornton, “ superintendent of the chain-gang of Barbour county.” On the hearing of the petition, it was shown that the petitioner was held in custody by said Thornton, under two judgments, rendered on the 16th of April, 1874, by E. L. Graves, a justice of the peace in and for said county, under prosecutions for petit larceny, and an order of commitment and…
1Opinion of the CourtBrickell, J.
The constitution provides, “ that, in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, and other misdemeanors, the general assembly may, by law, dispense with a grand jury, and authorize such prosecutions and proceedings before justices of the peace, or such inferior courts as may be by law established.” Const. Art II. § 10. This provision of the present constitution was extracted from the constitution of 1865. R. C. p. 33, § 9.
The penal code of 1866, now forming part of the Revised Code, defined grand larceny as the stealing of specific chattels,…
2Cited by10 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Robertson v. StateAlabama Court of Appeals · 1924
- Bronk v. StateSupreme Court of Florida · 1901
- Ex parte GaylesSupreme Court of Alabama · 1895
- Fourment v. StateSupreme Court of Alabama · 1908
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