McMichael v. Rapelye
Supreme Court of Alabama
Whit of Error to the Circuit Court of Autauga. This is an action of debt on a prison bounds bond, conditioned that McMichael should continue a true prisoner within the custody and keeping of the keeper of the said prison, (the jail of Autauga county,) or of his steward, deputy or other officer, or some of them, within the limits of the prison bounds, as by law established, until he should be discharged by due course of law, without committing any escape in the mean time.
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Whit of Error to the Circuit Court of Autauga. This is an action of debt on a prison bounds bond, conditioned that McMichael should continue a true prisoner within the custody and keeping of the keeper of the said prison, (the jail of Autauga county,) or of his steward, deputy or other officer, or some of them, within the limits of the prison bounds, as by law established, until he should be discharged by due course of law, without committing any escape in the mean time. The second breach assigned in the declaration is, that McMi-chael neglected to take the benefit of the act for the relief…
1Opinion of the Court
GOLDTHWAITE, J. —
The only question here presented is with respect to the sufficiency of the breach assigned, and its solutionrinvolves..an examination of several of our statutes authorizing the discharge from actual custody of such individuals as are arrested by writs of ca. sa. The second section of the act of 1824, imposed'the duty on the Judges of the several County Courts, with the Commissioners of Roads and Revenue of each county, to lay out the bounds and rules of their respective prisons — not exceeding one mile from the jail. The third section of the same act provides that any…
2Cited by3 opinions
- Jenkins v. StateCourt of Criminal Appeals of Alabama · 1978
- Croom v. Travis' Adm'rSupreme Court of Alabama · 1846
- In Re McManamanSupreme Court of Rhode Island · 1888