State v. Smith

CARR, Judge.

This is an appeal from a judgment of the probate judge discharging the petitioner on habeas corpus.

The cause below was based on extradition proceedings.

In response to the writ, the sheriff made the following return:

“Comes E. M. Boyles, Sheriff of Marshall County, Alabama, and, for answer to the writ heretofore issued in this matter and served upon him commanding that he appear before Hon. Oscar Horton, Judge of Probate of Marshall County, Alabama, and produce the body of one Levi Smith, allegedly held in custody by him, on October 9th, 1946 at ten o’clock A.M., t says as follows:

“T…