Ex Parte State Ex Rel. Smith
Supreme Court of Alabama
Petition by the State of Alabama, on the relation of its Attorney General, for the alternate wilt of mandamus, directed to Hon. L. P. Troup, as Probate Judge of Morgan county, to require him to make an order suspending his judgment, admitting to bail one Charley Namie, pending an appeal by the State, and permitting the State to take an appeal from said judgment. Writ awarded.
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Petition by the State of Alabama, on the relation of its Attorney General, for the alternate wilt of mandamus, directed to Hon. L. P. Troup, as Probate Judge of Morgan county, to require him to make an order suspending his judgment, admitting to bail one Charley Namie, pending an appeal by the State, and permitting the State to take an appeal from said judgment. Writ awarded. Petition shows that said Namie was'indicted for murder in the first degree at the spring term, 1920, of the Morgan county circuit court, and that after there had been a mistrial in the cause Namie made application to the…
1Opinion of the CourtSomerville, J.
[1] The main question presented by this petition and the return made by the respondent to the alternative writ is whether or not, under sections 6331-6335 of the Code of 1907, a probate judge is authorized to hear applications for ball by a prisoner under indictment for a capital offense.
In the recent case of Ex parte State of Alabama ex rel. Attorney General, 85 South. 707 1 (which was the petition for prohibition referred to in the reporter’s statement above), it .was held 'that the procedure provided by sections 6331-6335 of the Code of 1907—
“is not intended for cases in which the prisoner…
2Cases cited1 opinion
- State Ex Rel. Smith v. LoweSupreme Court of Alabama · 1920
3Cited by3 opinions
- Ex Parte OusleyAlabama Court of Appeals · 1928
- Christian v. MeigsSupreme Court of Alabama · 1923
- Ex Parte OusleyAlabama Court of Appeals · 1928