State v. Franklin
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. From an order admitting Sol Franklin to bail upon his application by habeas corpus, the State appeals. This court will not review or reverse an order admitting to bail unless it clearly appears that the trial court erred therein. The evidence in this case clearly establishes defendant’s right to bail. — Bos parte Hammock & Elrod, 78 Ala. 414; Butler v. State, 1 Ala. App. 265; State v. Oole, 59 South. 681.
1Opinion of the CourtPelham, J.
Under the rule of law applicable to a review of the proceedings of the primary tribunal in a case of this nature, based upon the consideration that, because of the superior opportunity possessed by it of personal observation of the witnesses, it should clearly appear that the primary court has erred in its judgment, or a revisory court should abstain from interference, we cannot say, after a careful consideration of the testimony presented by this record, that the conclusion of the primary court is erroneous.— State v. Cole, 5 Ala. App. 286, 59 South. 681.
We do not deem it necessary to enter…
2Cases cited1 opinion
- State v. ColeAlabama Court of Appeals · 1912