Chappell v. State
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. Application by George Chappell for his discharge on habeas corpus from imprisonment by virtue of a mittimus issued by a justice of the peace on a criminal charge. From an order denying the petition, George Chappell appeals. The petition was as follows: “To the Honorable A. A. Evans, Judge of the Third Judicial Circuit.
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Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. Application by George Chappell for his discharge on habeas corpus from imprisonment by virtue of a mittimus issued by a justice of the peace on a criminal charge. From an order denying the petition, George Chappell appeals. The petition was as follows: “To the Honorable A. A. Evans, Judge of the Third Judicial Circuit. Your petitioner, George Chappell, respectfully represents unto your honor as follows: (1) That he is imprisoned in the county jail of Bullock county, Ala., by J. G. Carmichael, as sheriff of said county, under…
1Opinion of the CourtMcCLELLAN, J.
In our opinion the prisoner should be discharged. The affidavit exhibited with the petition, to which, alone, on this record, the attaching of the jurisdiction of the justice of the peace can be referred, and out of a hearing of which the mittimus presented by the sheriff issued, omitting other unimportant features, avers that the affiant “has cause to believe and does believe that in Ms opinion” (italics supplied) the defendant unlawfully delivered liquor in a prohibitory district. — In Butler’s Case, 130 Ala. p. 129, 30 South. 338, treating a practically similar affidavit, it was said:…
2Cases cited3 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Johnson v. StateSupreme Court of Alabama · 1886
- Ex parte McGlawnSupreme Court of Alabama · 1883
3Cited by5 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Barton v. City of BessemerSupreme Court of Alabama · 1937
- Campbell v. StateAlabama Court of Appeals · 1939
- Slaton v. StateAlabama Court of Appeals · 1936
- Campbell v. StateAlabama Court of Appeals · 1939