Ex parte Andrews
Supreme Court of Alabama
ApplicatioN for the writs of Habeas Corpus and Certiorari,-. to obtain the discharge of the petitioners from imprisonment, bail having been refused'them by the Hon. Alex. McKinstry, Judge of the City Court of Mobile.
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ApplicatioN for the writs of Habeas Corpus and Certiorari,-. to obtain the discharge of the petitioners from imprisonment, bail having been refused'them by the Hon. Alex. McKinstry, Judge of the City Court of Mobile. The rule of the common law is “that no-person shall be adjudged by any act whatever to kill another, who does not die thereof within a year and a day after the stroke received.”■ — -1 Russel on Crimes, 428. The ruling of the court below is, that the party charged with giving the blow may be detained in prison until the expiration of the year and day,, and that there is no statute…
1Opinion of the Court
CHILTON, J-.
The petitioners apply to this court for the writ of habeas corpus and certiorari to bring up the proceedings had before the Judge of the City Court on their application before him on a similar writ, he having refused to admit them to bail. By the consent of the solicitor the issue of the writs is waived, and the record accompanying the petition is considered as duly returned.
It appears from the record that Abram Andrews was committed for an assault with intent to commit murder on one James A; Donalson, on the 27th March, Í851, and his wife Margaret on the 28th of the same month,…
2Cited by1 opinion
- Bryan v. StateSupreme Court of Alabama · 1871