Ex parte Simonton
Supreme Court of Alabama
Petition for habeas corpus. The petitioners, by their counsel, submitted a petition to this court, in which they state, that at the Spring term, eighteen hundred and thirty-nine, of the Circuit court of Tuskaloosa county, they were severally arrested on writs of capias, issued out of that court, founded on an indictment for murder, preferred by the grand jury of that county.
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Petition for habeas corpus. The petitioners, by their counsel, submitted a petition to this court, in which they state, that at the Spring term, eighteen hundred and thirty-nine, of the Circuit court of Tuskaloosa county, they were severally arrested on writs of capias, issued out of that court, founded on an indictment for murder, preferred by the grand jury of that county. That the petitioners were arraigned, and each for himself pleaded not guilty, and announced themselves ready for trial, and the Attorney General being enquired of by the court, made a similar avowal on behalf of the State…
1Opinion of the CourtCollier, C. J.
A preliminary question has been raised by the Attorney General, which must be disposed of, before we consider the merits of the application of the petitioners. It is this: Has this court the constitutional right to award a writ of habeas corpus on the case, as disclosed by the record ?
By the second section of the fifth article of the constitution of Alabama, it is declared, that “ the Supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant…
2Cited by15 opinions
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