Legal Opinion

Ex parte Upshaw

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 6 opinions

This was an application to this court by John Upshaw, for a writ of habeas corpus to obtain his discharge from custody, on a warrant issued by a justice of the peace of Russell county, against said Upshaw, on a charge of assault and battery, the same having been denied by the probate judge of Russell county. The other facts of the case will be found in the opinion.

1Opinion of the CourtB. E. Saepold, J.

The applicant claims to be discharged from custody, because he was arrested in Barbour county, under a warrant issued by a justice of the peace of Russell county, not endorsed as required bylaw. Without nquiring whether for this reason alone he was entitled to De discharged, if the commission of any offense for which íe ought to be arrested was proven against him, we will ¡ut once determine the question upon which a decision of his court is sought.

The probate judge, to whom the application was first nade, held that the offense charged was committed in that lortion of Barbour county which was…

2Cited by6 opinions

  1. Lynch v. MurphySupreme Court of Missouri · 1893
  2. Ex parte BuckleySupreme Court of Alabama · 1875
  3. Ingles v. StrausSupreme Court of Virginia · 1895
  4. Alabama Great Southern Railroad v. ReedSupreme Court of Alabama · 1899
  5. Lowndes County v. HunterSupreme Court of Alabama · 1873

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