Ex parte McCrary
Supreme Court of Alabama
Application for writs of habeas corpus and certiorari, to revise the action of the Hon. Robert Dougherty, presiding in the Circuit Court of Barbour, in refusing bail to the petitioner. The facts on which the application is based, are set forth in the opinion. The necessity which will exculpate the slayer, need not be actual. A reasonable belief of necessity is equivalent to an actual necessity. Oliver v. The State, 17 Ala.
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Application for writs of habeas corpus and certiorari, to revise the action of the Hon. Robert Dougherty, presiding in the Circuit Court of Barbour, in refusing bail to the petitioner. The facts on which the application is based, are set forth in the opinion. The necessity which will exculpate the slayer, need not be actual. A reasonable belief of necessity is equivalent to an actual necessity. Oliver v. The State, 17 Ala. Rep. 587; Quesenberry v. The State, 8 S. & Por. 308; Poster’s Crown Cases, 263-264; The People v. Rector, 19 Wend. Rep. 590; The People v. Shorter, 4 Barb. Sup. Ct. Rep.…
1Opinion of the CourtGibbons, J.
The petitioner, James A. McCrary, is in the jail of Barbour county, under an indictment for murder. An application was made to the presiding judge, at the last term of the Circuit Court of Barbour, for bail, which was refused. The petitioner has now made an application to this court for a habeas corpus and certiorari, in order to revise the action of the presiding judge who refused the bail. A transcript of the record and proceedings in the court below is here filed, with the petition, and on it the prisoner bases his application.
The record shows, that the indictment was found at the Fall…
2Cases cited1 opinion
- Ex parte CroomSupreme Court of Alabama · 1851
3Cited by32 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Lee v. StateAlabama Court of Appeals · 1943
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex Parte BynumSupreme Court of Alabama · 1975
- Ex Parte BeverlySupreme Court of Alabama · 1986
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