Ex parte Bizzell
Supreme Court of Alabama
The petitioner was engaged in the business of driving a cab in the city of Mobile, and was arrested on the 18th day of July, 1896, while standing upon the Union depot platform in said city. "When arraigned for trial before the mayor, he demanded that some written statement or complaint be filed setting out the facts constituting the offense with which he was charged.
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The petitioner was engaged in the business of driving a cab in the city of Mobile, and was arrested on the 18th day of July, 1896, while standing upon the Union depot platform in said city. "When arraigned for trial before the mayor, he demanded that some written statement or complaint be filed setting out the facts constituting the offense with which he was charged. This request was refused, and the petitioner was, by the mayor, adjudged guilty of violating section 263 of the city ordinances, and sentenced to hard labor for a period of five days in default of the payment of the fine of five…
1Opinion of the CourtHaralson, J.
1. The petitioner, Walter Bizzell, as appears from the transcript before us, was arrested and carried before the mayor of Mobile, and tried and convicted “of the offense of violating 263, city ordinances.” None of the proceedings before the mayor are set out in the transcript. A mittimus addressed “To the cl lief of police or other police officer of the city of Mobile,” does appear as an exhibit to the petition for habeas eorpus, which commanded such officer to take the body of petitioner and keep him for the term of five days, and that he require petitioner to perform hard labor for the city…
2Cases cited8 opinions
- Martin v. StateSupreme Court of Alabama · 1889
- Ex parte SimmonsSupreme Court of Alabama · 1878
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Stevenson v. MurraySupreme Court of Alabama · 1888
- Ex parte DavisSupreme Court of Alabama · 1891
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3Cited by40 opinions
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- Bray v. StateSupreme Court of Alabama · 1903
- Ex parte TiceOregon Supreme Court · 1897
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Vernon v. StateSupreme Court of Alabama · 1941
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