Legal Opinion

Barriere v. State

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 23 opinions

Appeal from the Order of the Judge of the City Court of Montgomey. Heard before the Hon. William H. Ti-iomas. On the 20th day of May, 1904, the governor of Louisiana issued a requisition upon the governor of the State of Alabama, commanding that E. Peycy Barriere, the appellant in this case, be apprehended and turned over to a certain named person as the duly authorized agent of the State of Louisiana; it being recited in the requisition that the said Barriere was charged…

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Appeal from the Order of the Judge of the City Court of Montgomey. Heard before the Hon. William H. Ti-iomas. On the 20th day of May, 1904, the governor of Louisiana issued a requisition upon the governor of the State of Alabama, commanding that E. Peycy Barriere, the appellant in this case, be apprehended and turned over to a certain named person as the duly authorized agent of the State of Louisiana; it being recited in the requisition that the said Barriere was charged with the crime of deserting his wife and minor child, and was a fugitive from justice from the State of Louisiana, and had…

1Opinion of the CourtAnderson, J.

-“The writ of habeas corpus is extolled by Blaclcstone as another Magna Charta of civil liberty. It is the most celebrated writ of English-speaking peoples. It is the process provided by law from deliverenee from illegal confinement. The writ has no respect for persons. It lends itself to the humblest human being, and questions and enquires into the actions of the most exalted persons in the community and most powerful officers of government.

“In regard to extradition, this writ is indicated by the law itself as the special remedy available to the citizen against the misuse and abuse of that…

2Cases cited4 opinions

  1. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  2. People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
  3. In re ClarkNew York Supreme Court · 1832
  4. Ex parte StateSupreme Court of Alabama · 1883

3Cited by23 opinions

  1. State v. ParrishSupreme Court of Alabama · 1941
  2. Pool v. StateAlabama Court of Appeals · 1918
  3. Thacker v. StateAlabama Court of Appeals · 1924
  4. Godwin v. StateAlabama Court of Appeals · 1918
  5. Compton v. StateSupreme Court of Alabama · 1907

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