Legal Opinion

Ex parte Teal

Alabama Court of Appeals

Decided May 14, 1963No. 7 Div. 735Published

1Opinion of the Court

CATES, Judge.

Teal, in Kilby Prison, asks us to compel the City of Anniston to withdraw, dismiss or proceed with a “detainer” lodged against him at Kilby by the City.

The allegations are not directed against any officer of the City. If the charge against Teal is for a felony, then he has no call upon the City. The State has sole prosecution of felonies after indictment. Constitution 1901, § 170, and Amendment 37; Code 1940, T. 15, §§ 169 and 170.

We see no application of the doctrine of Ex parte State, ex rel. Attorney General, *98255 Ala. 443, 52 So.2d 158. Cf. Accardo v. State, 39 Ala.App. 453, 102…

2Cases cited4 opinions

  1. Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1951
  2. Accardo v. StateAlabama Court of Appeals · 1958
  3. Howell v. City of Fort PayneSupreme Court of Alabama · 1945
  4. Billingsley v. StateAlabama Court of Appeals · 1949

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