State v. Davis
Supreme Court of Alabama
Appeal from an order on hebeas corpus discharging petitioner, made by Thomas H. Smith as chancellor of the southeastern chancery division. Habeas corpus by James Davis. From an order discharging petitioner the state appeals.
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Appeal from an order on hebeas corpus discharging petitioner, made by Thomas H. Smith as chancellor of the southeastern chancery division. Habeas corpus by James Davis. From an order discharging petitioner the state appeals. The State had the right of appeal. — Burr v, Foster, 132 Ala. 41. The register properly certified the transcript. — State v. Fuller, 147 Ala. 164. The chancellor ought not to have discharged the petitioner on the facts stated. — Ex parte Gibson, 89 Ala. 174; Brown v. The State, 109 Ala. 70. Counsel discuss motion to dismiss the appeal, but without citation of authority.…
1Opinion of the CourtDowdell, J.
The petition for writ of habeas corpus was addressed to- the chancellor, and upon the return thereto, and the hearing of the cause, the chancellor made an order discharging the petitioner from custody. From this order the present appeal is prosecuted in the name of the state.
Motion is now made to dismiss the appeal on several, grounds named in the motion, viz.: That the state is not the proper party to prosecute the appeal; secondly, that no security for costs is given; and, thirdly, that the register had no authority to certify the transcript of the proceedings had before the chancellor.…
2Cases cited2 opinions
- Burr v. FosterSupreme Court of Alabama · 1902
- State v. FullerSupreme Court of Alabama · 1906
3Cited by4 opinions
- In Re BladesIdaho Supreme Court · 1939
- Magee v. StateAlabama Court of Appeals · 1963
- State v. ChanceyAlabama Court of Appeals · 1916
- State v. CauthenAlabama Court of Appeals · 1921