State v. Towery
Supreme Court of Alabama
Appeal from an order-of the Prohate Judge of Madison County. Heard before Hon. W. T. Lawler. This was a habeas corpus proceeding instituted by the appellees, Pint Towery and Dalton Towery, for the purpose of being admitted to bail. They were imprisoned upon a warrant issued upon an indictment charging them ‘ with murder in the first degree.
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Appeal from an order-of the Prohate Judge of Madison County. Heard before Hon. W. T. Lawler. This was a habeas corpus proceeding instituted by the appellees, Pint Towery and Dalton Towery, for the purpose of being admitted to bail. They were imprisoned upon a warrant issued upon an indictment charging them ‘ with murder in the first degree. The appeal is taken by the State of Alabama from an order of the Probate Judge of Madison County, admitting the petitioners to bail in the sum of $2,500 each, which order was made after a hearing by the probate Judge of the evidence introduced before him.…
1Opinion of the CourtSimpson, J.
It is the settled law of this State that the Code of Alabama, adopted as was the present Code of 1896, is not a mere compilation of the-laws previously existing, but is a body of laws, duly enacted, so that laws, which previously existed, ceased to be law when omitted from said Code, and additions, which appear therein, become the law from the approval of the Act adopting the Code. — Dew v. Cunningham, 28 Ala. 467; Hoover v. State, 63 Ala. 30; Ex parte Thomas, 113 Ala. 1; Builders’ & Painters’ Supply Co. v. Lucas & Co., 119 Ala. 202, 210.
Not only is it true that Art. IV, Sec. 46, of the…
2Cases cited9 opinions
- Bales v. StateSupreme Court of Alabama · 1879
- Ex parte ThomasSupreme Court of Alabama · 1896
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
- State ex rel. Stundahl v. RichardsonSupreme Court of Minnesota · 1885
- McFarland v. JohnsonTexas Supreme Court · 1863
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3Cited by29 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Wiglesworth v. WyrickSupreme Court of Missouri · 1976
- Ex Parte CokerSupreme Court of Alabama · 1991
- Smith v. StateSupreme Court of Alabama · 1931
- Bush v. GreerSupreme Court of Alabama · 1937
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