Callahan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Blouut. Tried before tbe Hon. Louis Wyeth. This was a scire facias on a forfeited recognizance, or undertaking of bail,.entered into by Jefferson Callahan as principal, and by the other obligors as his sureties, by which they agreed to pay the State of Alabama five thousand dollars, “unless the said Jefferson Callahan appears at the next term of the Circuit Court to be held for said county of Blount, and from term to term thereafter until…
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Appeal from the Circuit Court of Blouut. Tried before tbe Hon. Louis Wyeth. This was a scire facias on a forfeited recognizance, or undertaking of bail,.entered into by Jefferson Callahan as principal, and by the other obligors as his sureties, by which they agreed to pay the State of Alabama five thousand dollars, “unless the said Jefferson Callahan appears at the next term of the Circuit Court to be held for said county of Blount, and from term to term thereafter until discharged by law, to answer the State of Alabama of a charge of unlawfully and with malice aforethought killing William…
1Opinion of the CourtStone, J.
One of the most vital principles of Magna Charta declares, that ‘ no man shall be taken or imprisoned, but by the lawful judgment of his peers, or by the law of the land.’ In 1679, the habeas corpus act was enacted by the British Parliament, to furnish a sure and speedy remedy for every subject of the realm who was unlawfully deprived of his liberty. The Constitution of the United States, Art. I, sec. 9, subd. 2, ordains, that “ the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.” The Constitution…
2Cases cited7 opinions
- Butler v. FosterSupreme Court of Alabama · 1848
- United States v. HortonU.S. Circuit Court for the District of Eastern Missouri · 1873
- Antonez v. StateSupreme Court of Alabama · 1855
- Gray v. StateSupreme Court of Alabama · 1869
- Governor v. JacksonSupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Smith v. LoweSupreme Court of Alabama · 1920
- Ex parte McGlawnSupreme Court of Alabama · 1883
- Holcombe v. StateSupreme Court of Alabama · 1892
- Ex Parte OusleyAlabama Court of Appeals · 1928
- Evans v. StateSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.