Ex parte Bryant
Supreme Court of Alabama
ApplicatioN for bail, under section 3673 of the Code, by Stephen A. Bryant, William Bryant, James Dobbins, and Eliza Byers; bail having been refused them by the Hon. Wni. S. Mudd, presiding in and for the circuit court, of Tuskaloosa.
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ApplicatioN for bail, under section 3673 of the Code, by Stephen A. Bryant, William Bryant, James Dobbins, and Eliza Byers; bail having been refused them by the Hon. Wni. S. Mudd, presiding in and for the circuit court, of Tuskaloosa. The transcript submitted with the application shows tljat the petitioners were jointly indicted, at the March term, 1859, of said circuit court, for the murder of one Butler; that they were arraigned, on a subsequent day of the same term, and pleaded not guilty; that a day was thereupon set for their trial; that Stephen A. Bryant, on the day appointed for the…
1Opinion of the CourtB. W. Walkeb., J.
By the ancient common law, all offenses, including capital felonies, were bailable. And though by various statutes passed by parliament restrictions have been imposed upon the right of justices of the peace to let to bail; the court of king’s bench, in taking bail in cases of treason, murder, and other felonies, has. always been, and is now, limited only by its discretion. Rex v. Remnoni, 2 Term R. 169; Rex v. Marks, 3 East, 157 ; 1 Chitty’s Cr. L. 98, 129 ; Ex parte Baronet, 16 Eng. L. & Eq. 361; 2 Hale’s P. C. 129 ; 2 Hawk. P. C. ch. 15, *274§§ 40 and 80. But in the rules which that court…
2Cases cited8 opinions
- Ex parte CroomSupreme Court of Alabama · 1851
- Ex parte McCrarySupreme Court of Alabama · 1853
- Bishop v. StateSupreme Court of Alabama · 1857
- People v. Van HorneNew York Supreme Court · 1850
- Ex parte BanksSupreme Court of Alabama · 1856
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3Cited by23 opinions
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- Ex parte SloaneSupreme Court of Alabama · 1891
- Ford v. DilleySupreme Court of Iowa · 1916
- State v. CrockerWyoming Supreme Court · 1895
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