Legal Opinion

State ex rel. Garber v. Cazalas

Supreme Court of Alabama

Decided June 3, 1909PublishedCited by 8 opinions

Original application in the Supreme Court. Impeachment proceedings begun by the State of Alabama on the relation of its attorney general against Frank Cazalas, Sr., as 'sheriff of Mobile county, for permitting prisoners to be taken from the jail and lynched. (The argument was oral.) (The argument was oral.)

1Opinion of the CourtSimpson, J.

This is a proceeding for the impeachment of the defendant.

The facts are undisputed that on Thursday, the 21st of January, 1909, while Philip Fotch, who was a faithful and efficient deputy sheriff, was attempting to serve a warrant on a negro named Richard Robertson for a misdemeanor, said Robertson, without any excuse or justification, inflicted a mortal wound on said Fotch, from which he died that night; that it was a willful and deliberate murder, and excited a great indignation in the city of Mobile, and that on the night of Friday, the 22d of January, 1909, a party of masked men,…

2Cases cited2 opinions

  1. White v. State ex rel. DensonSupreme Court of Alabama · 1898
  2. Warren v. United StatesCourt of Appeals for the First Circuit · 1893

3Cited by8 opinions

  1. McMillian v. Monroe CountySupreme Court of the United States · 1997
  2. Turquitt v. Jefferson CountyCourt of Appeals for the Eleventh Circuit · 1998
  3. Turquitt v. Jefferson CountyCourt of Appeals for the Eleventh Circuit · 1998
  4. State ex rel. Boynton v. JacksonSupreme Court of Kansas · 1934
  5. State ex rel. Atty. Gen. v. MartinSupreme Court of Alabama · 1913

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