State Ex Rel. Smith v. Lowe
Supreme Court of Alabama
Petition by the State of Alabama, on the relation of J. Q. Smith, Attorney General, for writ of prohibition to Hon. W. T. Lowe, as Judge of the County Court of Morgan County, to restrain him from hearing application for bail made by one Charlie Namie. Charlie Namie was indicted for murder in the first degree, tried on said charge, and a mistrial resulted.
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Petition by the State of Alabama, on the relation of J. Q. Smith, Attorney General, for writ of prohibition to Hon. W. T. Lowe, as Judge of the County Court of Morgan County, to restrain him from hearing application for bail made by one Charlie Namie. Charlie Namie was indicted for murder in the first degree, tried on said charge, and a mistrial resulted. Being still confined in jail, he petitioned the judge of the county court of Morgan county for bail, stating the facts as stated here. Thereupon the court fixed a day and place for hearing the application, and gave notice to the solicitor of…
1Opinion of the CourtSayre, J.
Petition by the Attorney General for a writ of prohibition, directed to the judge of the county court of Morgan, commanding him to refrain from hearing the application by which one Charlie Namie, confined in the county jail under an indictment for murder in the first degree, would have said judge to fix bail.
The indictment is pending in the circuit court of Morgan; but the parties make no question as to the right in general of the respondent to act in such causes in a proper proceeding, and we make none.
Prior to the act of February 28,1887 (Acts 1887, p. 117), the statute provided that the…
2Cases cited4 opinions
- Ex parte CroomSupreme Court of Alabama · 1851
- Ex parte VaughanSupreme Court of Alabama · 1870
- Ex parte RhearSupreme Court of Alabama · 1884
- Callahan v. StateSupreme Court of Alabama · 1877
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