Ex parte Crews
Alabama Court of Appeals
Habeas Corpus. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Porter Crews was sentenced to the penitentiary for a term of three years and brought habeas corpus to be discharged on the theory that the time he was out on bail, pending an appeal, should be deducted from the term of his sentence. From an order discharging petitioner from custody, the state appeals.
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Habeas Corpus. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Porter Crews was sentenced to the penitentiary for a term of three years and brought habeas corpus to be discharged on the theory that the time he was out on bail, pending an appeal, should be deducted from the term of his sentence. From an order discharging petitioner from custody, the state appeals. Under the statutes admitting a defendant to' bail, pending an appeal, where the punishment does not exceed five years in the penitentiary, tbe defendant is not entitled to credit on bis term of punishment for the…
1Opinion of the CourtThomas, J.
This is an appeal by the state from an order of the judge of the Tuscaloosa city court, entered on November 14, 1914, and discharging on writ of habeas corpus the petitioner, Porter Orews, from confinement in the penitentiary, to which he had been lawfully sentenced by the circuit court of Dale county for a term of three years upon his conviction in that court, on July 28, 1911, of the offense of an assault with intent to murder — a felony under the statute (Code, § 6309).
The basis on which the petitioner claimed his right to a discharge, and the theory upon which the judge acted in granting…
2Cases cited7 opinions
- Viberg v. StateSupreme Court of Alabama · 1902
- White v. StateSupreme Court of Alabama · 1901
- State v. GrottkauWisconsin Supreme Court · 1889
- Ex parte GreenCalifornia Supreme Court · 1890
- Ex parte JonesCalifornia Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hopkins v. NorthCourt of Appeals of Maryland · 1926
- Weber v. MosleyMissouri Court of Appeals · 1951
- Little v. StateAlabama Court of Appeals · 1947
- Brewer v. StateAlabama Court of Appeals · 1930