Legal Opinion

Ex Parte Lancaster

Supreme Court of Alabama

Decided April 21, 1921No. 6 Div. 400PublishedCited by 21 opinions

Petition by Robert J. Lancaster -for writ of prohibition to be directed to Judges T. L. Sowell and J. J. Curtis to restrain them as such circuit judges of the circuit court’ of Walker county from putting him on trial in said county on an indictment charging murder in the first degree, a similar indictment having been previously returned and the canse transferred from Walker county to Marion county, Ala.

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Petition by Robert J. Lancaster -for writ of prohibition to be directed to Judges T. L. Sowell and J. J. Curtis to restrain them as such circuit judges of the circuit court’ of Walker county from putting him on trial in said county on an indictment charging murder in the first degree, a similar indictment having been previously returned and the canse transferred from Walker county to Marion county, Ala. A cause may be removed once, without the presence- of the defendant in court, and, if regular on its face, cannot be attacked by showing that no ground is shown to exist, or that the petition…

1Opinion of the CourtMiller, J.

This is a petition for writ of prohibition filed by Robert Lancaster to prevent the judges of the circuit court of Walker county from putting him on trial in that county on a certain indictment charging him with murder in the first degree.

On the night of January 13, 1921, Will Baird was forcibly taken from the jail of Walker county and killed. The petitioner was, on the 19th of January, 1921, arrested under warrant charging him with the offense of unlawfully and with malice aforethought killing said Will Baird in Walker county. On the same day the grand jury of the circuit court of Walker…

2Cases cited18 opinions

  1. State v. PattersonSupreme Court of Missouri · 1881
  2. Coleman v. StateMississippi Supreme Court · 1903
  3. Aikin v. StateSupreme Court of Alabama · 1860
  4. Cheek v. Lumber Co.Supreme Court of North Carolina · 1904
  5. State v. ChinaultSupreme Court of Kansas · 1895

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Ex Parte FowlerSupreme Court of Alabama · 1990
  2. Ex Parte MorrowSupreme Court of Alabama · 1953
  3. Patterson v. StateSupreme Court of Alabama · 1937
  4. Whisenhant v. StateCourt of Criminal Appeals of Alabama · 1979
  5. Smith v. StateCourt of Special Appeals of Maryland · 1976

16 more not listed; retrieve them via the Exa API.

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