Cox v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Petition by C. C. C’ox for a writ of habeas corpus. From a judgment denying the petition, petitioner appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Petition by C. C. C’ox for a writ of habeas corpus. From a judgment denying the petition, petitioner appeals. The petitioner alleges that he is confined in the county jail of Marshall county under an alleged order of a magistrate of Marshall county, issued by one Marsh, a justice of the peace, made in alleged peace proceedings, and that said order wás insufficient, which order is as follows: “On examination of C. C. Cox, charged with not keeping the peace, it appearing that such an offense had been committed, and that there…
1Opinion of the CourtTyson, C. J.
— This appeal is from an order denying the petition of appellant for a Avrit of habeas corpus. *3Appellant was arrested upon a warrant issued by a justice of the peace upon an affidavit deposing the fact that he had threatened the life of Alva Thompson. The proceeding before the justice ivas such as is authorized by sections 7520-7540 of the Code of 1907, designated therein as “proceedings before magistrates to keep the peace.” All that is necessary to be shown by the affidavit, the foundation for the exercise of jurisdiction, is that the “person has threatened or is about to commit an offense…
2Cases cited1 opinion
- Ex parte CoburnSupreme Court of Alabama · 1862
3Cited by3 opinions
- Ex Parte JamesCourt of Criminal Appeals of Alabama · 1974
- Ex Parte State Ex Rel. DavisSupreme Court of Alabama · 1921
- Ex Parte JamesCourt of Criminal Appeals of Alabama · 1974