Alford v. Irwin
Supreme Court of Georgia
Habeas Corpus. Decided by Judge Hook. At Chambers. September, 1864. Alford, the plaintiff in error, was under bond for his appearance at Washington Superior Court, to answer to an indictment for murder, then pending against him in that Court. While at large on the bond, that is, being neither in prison nor in the actual custody of his bail, he was arrested by Col.
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Habeas Corpus. Decided by Judge Hook. At Chambers. September, 1864. Alford, the plaintiff in error, was under bond for his appearance at Washington Superior Court, to answer to an indictment for murder, then pending against him in that Court. While at large on the bond, that is, being neither in prison nor in the actual custody of his bail, he was arrested by Col. Irwin, the defendant in error, by virtue of an order issued by liis excellency, the Governor, commanding his arrest and removal to the front, for the performance oi militia- duty. The State was at that time invaded, and the militia…
1Opinion of the CourtLyon, J.
Is the fact, that one is charged with a felony, or other crime, to answer which, he has given bond with security for his appearance at Court, a protection to such person or his bail, against the demands of the Government upon him to perform military service? We hold that it is not. It is a question, alone, for the Government to determine, whether it is most important to the public interest that such- person should go into the seivice for the defence of the country, or remain at home to answer the charge. The Government having determined to put him into the service in performance of a duty…
2Cases cited3 opinions
- Baylies v. FettyplaceMassachusetts Supreme Judicial Court · 1811
- People v. KentMichigan Supreme Court · 1843
- Harrington v. DennieMassachusetts Supreme Judicial Court · 1816
3Cited by2 opinions
- West v. ColquittSupreme Court of Georgia · 1883
- Walls v. StateCourt of Appeals of Georgia · 1965