Ex parte Sloane
Supreme Court of Alabama
APPLICATION by "William Sloane for tbe writ of habeas corpus, to procure his discharge, or admittance to bail, from the custody of the sheriff of DeKalb county, on an indictment for the murder of James Morton; bail'having been refused by Hon. L. L. Cochran, the probate judge of said county, and an exception reserved by the prisoner to that decision.
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APPLICATION by "William Sloane for tbe writ of habeas corpus, to procure his discharge, or admittance to bail, from the custody of the sheriff of DeKalb county, on an indictment for the murder of James Morton; bail'having been refused by Hon. L. L. Cochran, the probate judge of said county, and an exception reserved by the prisoner to that decision. This court declines to discuss the facts connected with the hilling, and a statement of them is not necessary to an understanding of the points decided. contended that he was entitled to bail, as a matter of right, because the facts set out in the…
1Opinion of the CourtColeman, J.
Section 3725 of the Code reads as follows : “Every homicide perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious and premeditated killing, ... is murder in the first degree; every other homicide, committed under such circumstances as would have constituted murder at common law, is murder in the second degree.”
The declaration of rights in the Constitution of the State, section 17, provides “that all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption is great.”…
2Cases cited7 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Mitchell v. StateSupreme Court of Alabama · 1877
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- Hammil v. StateSupreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Farrior v. StateCourt of Criminal Appeals of Alabama · 1998
- Johnson v. StateSupreme Court of Alabama · 1893
- Gafford v. StateSupreme Court of Alabama · 1898
- Cox v. StateCourt of Criminal Appeals of Alabama · 1986
- Compton v. StateSupreme Court of Alabama · 1895
36 more not listed; retrieve them via the Exa API.