Ex parte Chaney
Supreme Court of Alabama
The petitioner was indicted for murder at the February term of the Circuit Court of Mobile, holden the present year, and upon his application, the venue was changed to the Circuit Court of Clarke, and the cause transferred accordingly. At the last tei’m of tlje Court holden for Clarke, the Solicitor was called on to say whether he was ready to proceed with the trial of the petitioner, and answered in the negative.
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The petitioner was indicted for murder at the February term of the Circuit Court of Mobile, holden the present year, and upon his application, the venue was changed to the Circuit Court of Clarke, and the cause transferred accordingly. At the last tei’m of tlje Court holden for Clarke, the Solicitor was called on to say whether he was ready to proceed with the trial of the petitioner, and answered in the negative. Thereupon he moved to continue the case until the next term, and in support of his motion, read to the Court a written statement, setting forth the names of several witnesses; the…
1Opinion of the CourtCollier, C. J.
It is conceded that it was competent for *426the Court, in its discretion, to continue this cause at the instance of the State, upon the statement made by the Solicitor ; and that whether the discretion was wisely exercised or not, the decision upon the continuance could not be revised. The only question presented, is, whether the facts disclosed in the record entitle the petitioner to be discharged on bail; and the solution of this question depends upon the construction of the fortieth section of the eighth chapter of the “ Penal Code.” [Clay’s Dig. 444.] This section declares that “ No person…
2Cited by15 opinions
- Ex Parte NiceSupreme Court of Alabama · 1981
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Ex parte CroomSupreme Court of Alabama · 1851
- Hanvey v. ThompsonSupreme Court of Alabama · 1971
- Ex Parte WinnagleSupreme Court of Alabama · 1959
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