Ex parte Stearnes
Supreme Court of Alabama
The facts of the case are sufficiently stated in the opinion. 1. Imprisonment, though .legal in its inception, may become by subsequent omissions, acts and events illegal and unlawful. — Code of 1886, § 4785 ; Kirby v. State, 62 Ala. 57 ; Exparte Rand, '99 Ala. 302 ; Ex parte Crews, 78 Ala. .457 [TEx parte King, 82 Ala. 59. 2. When a man,is in. jail,.he is subject to no greater liabilities, and deprived oif no other rights under the law than'he would be'if .he was out under…
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The facts of the case are sufficiently stated in the opinion. 1. Imprisonment, though .legal in its inception, may become by subsequent omissions, acts and events illegal and unlawful. — Code of 1886, § 4785 ; Kirby v. State, 62 Ala. 57 ; Exparte Rand, '99 Ala. 302 ; Ex parte Crews, 78 Ala. .457 [TEx parte King, 82 Ala. 59. 2. When a man,is in. jail,.he is subject to no greater liabilities, and deprived oif no other rights under the law than'he would be'if .he was out under .bail, except that in the latter instance he is permitted to go at large, and. in contemplation of law he is in the…
1Opinion of the CourtMcCLELLAN, J.
Petitioner was committed to jail on December 13th, 1893, on preliminary examination before the Probate Judge of Marshall county, to answer the charge of grand larceny, and has since remained and is now in custody under that commitment. The circuit court of Marshall county convened in regular session next after said commitment on April 4th, 1894, and immediately adjourned to Monday, the 16th day of April, 1894, and convened on said day, and was in session on that and the succeeding day, when it adjourned sine die for the term. It appears that this term was held only for the purpose of entering…
2Cases cited2 opinions
- Gay v. StateTexas Supreme Court · 1857
- State v. KyleSupreme Court of Alabama · 1892
3Cited by12 opinions
- Miller v. StateSupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1907
- Ex Parte KingAlabama Court of Appeals · 1917
- Ex parte StateSupreme Court of Alabama · 1896
- Farr v. StateSupreme Court of Alabama · 1902
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