Pruitt v. State
Supreme Court of Alabama
Appeal from the Order of the Probate Judge of Lee County. Heard before the Hon. F. M. Benfbo. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited Ex parte Carroll, 36 Ala. 300; Ex parte Campbell, 20 Ala. 89; Ex parte Me An ally, 55 Ala. 496; Ex parte Croom, 19 Ala. 561; Ex parte Richardson, 96 Ala. 110; Ex parte Thomas, 100 Ala. 102; Ex parte Craves, 61 Ala. 384.
1Opinion of the CourtSharpe, J.
Petitioner, being confined in the county jail under what purported to be a mittimus from the mayor of Opelika acting as a justice of the peace and commanding that petitioner be held or bailed to answer a chai'ge of burglary, was on habeas corpus brought, before the probate judge who made an order remanding him and directing that bail be allowed in *148the sum of four hundred dollars. That order is now appealed from.
The sole ground here insisted on as entitling petitioner to a discharge, is that the mayor was without authority to commit him for that the statute purporting to create his office and…
2Cases cited2 opinions
- Ex parte ThomasSupreme Court of Alabama · 1893
- Ex parte HamiltonMississippi Supreme Court · 1887
3Cited by2 opinions
- Knox v. StateSupreme Court of Alabama · 1910
- Wray v. StateSupreme Court of Alabama · 1906