Ex parte Rivers
Supreme Court of Alabama
Application by John F. Rivers, for a writ of mandamus to the circuit court of Barbour, Hon. J. Mo Caleb Wiley presiding, requiring that court to strike from the docket a certain criminal cause, wherein the State of Alabama was plaintiff, and said Rivers was defendant; the same being an indictment for an assault with intent to murder one Leroy Upshaw. All the material facts are stated in the opinion of the court.
1Opinion of the CourtJudge, J.
The applicant was indicted, in the circuit court of Barbour county, at the fall term thereof, 1859, for an assault with intent to murder one Leroy Upshaw. At the spring term of said court, 1863, the prosecuting attorney for the State moved the court to transfer the cause to the circuit court of Macon county, upon the ground that the presiding judge had been of counsel for the prosecution ; and said motion having been considered by the court, it was ordered by the court that the cause be transferred to the circuit court of Macon county, and that the clerk make out a transcript of the…
2Cases cited2 opinions
- Drinkard v. StateSupreme Court of Alabama · 1852
- Harrall v. StateSupreme Court of Alabama · 1855
3Cited by13 opinions
- Shawn Garfield Price v. Superior CourtCalifornia Supreme Court · 2001
- People v. PowellCalifornia Supreme Court · 1891
- Commonwealth v. ReillySupreme Court of Pennsylvania · 1936
- Ex parte HallSupreme Court of Alabama · 1872
- Phillips v. ReavesSupreme Court of Alabama · 1935
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