Ex parte State, in re Tate
Supreme Court of Alabama
This was an application by petition in the name of the State, on the relation of the Attorney-General, for a writ of mandamus and other appropriate process, directed to Hon. H. A. Sharpe, presiding judge of the City Court of Birmingham, commanding him to vacate and set aside an order made by him as such judge, discharging one Thomas Tate from custody on a hearing on habeas corpus.
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This was an application by petition in the name of the State, on the relation of the Attorney-General, for a writ of mandamus and other appropriate process, directed to Hon. H. A. Sharpe, presiding judge of the City Court of Birmingham, commanding him to vacate and set aside an order made by him as such judge, discharging one Thomas Tate from custody on a hearing on habeas corpus. The facts are stated in the opinion of the court. cited People v. Ilulloff, 5 Parker’s O. O. 77; 38 Mo. 547; State v. Williams, 64 Ála. 316; 1 Bish. Cr. Pr.'951; McKinney v. People, 2 Gilm. 540; State v. Posey, 7…
1Opinion of the CourtClopton, J.
— At the Fall term, 1883, of the Circuit Court for Jefferson county, two indictments, charging misdemeanors, were preferred against Thomas Tate, under each of which he was arrested, and gave bond for his appearance. In July, 1884, the cases were transferred to the County Court, under the act of March 1st, 1881, amending “ an act in relation to trials for misdemeanors in Tuskaloosa and other counties therein named,” approved March 19th, 1875. By the transfer, and the express provision of the act, exclusive jurisdiction of the cases was vested in the County Court. — Acts, 1874-5, 135 ; Acts,…
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