Legal Opinion

Bailey v. State

Supreme Court of Alabama

Decided June 30, 1908PublishedCited by 8 opinions

Appeal from Montgomery City C'onrt. Heard before Hon. W. H. Thomas. Application by Alonzo Bailey for discharge from imprisonment by writ of habeas corpus. Prom an order refusing his discharge he appeals: Section 4730, Code 1896, as amended is violative of the fourteenth amendment of the constitution of the United States, and therefore inoperative and void.

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Appeal from Montgomery City C'onrt. Heard before Hon. W. H. Thomas. Application by Alonzo Bailey for discharge from imprisonment by writ of habeas corpus. Prom an order refusing his discharge he appeals: Section 4730, Code 1896, as amended is violative of the fourteenth amendment of the constitution of the United States, and therefore inoperative and void. The rule of evidence obtaining in Alabama prevents a person from testifying as to his uncommunicatecl motives, purposes and intent, so the defendant was not permitted the opportunity of showing that he entered into the contract in good…

1Opinion of the CourtDenson, J.

Alonzo Bailey, after a preliminary trial had before B. C. Young, a justice of the peace in Montgomery county, on a charge frnade against him for obtaining $15 under a contract in writing, with intent to injure or defraud his employer, was regularly committed for said offense to the custody of the sheriff of said county, for detention until he should be legally discharged. lie was received into custody by the sheriff, and by him imprisoned in the county jail on the 6th day of April, 1908. On the 14th day of April Bailey applied to the Hon. William H. Thomas, associate judge of the city court…

2Cases cited8 opinions

  1. Banks v. StateSupreme Court of Georgia · 1905
  2. Peonage CasesDistrict Court, M.D. Alabama · 1903
  3. State v. ThomasSupreme Court of Alabama · 1906
  4. Toney v. StateSupreme Court of Alabama · 1904
  5. Ex parte RileySupreme Court of Alabama · 1891

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3Cited by8 opinions

  1. Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
  2. Frazier v. State Tax CommissionSupreme Court of Alabama · 1937
  3. Bailey v. StateSupreme Court of Alabama · 1909
  4. Ex Parte ThomasSupreme Court of Alabama · 1923
  5. Woodward Iron Co. v. JonesSupreme Court of Alabama · 1928

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