State v. Clayton

CARR, Judge.

Fletcher -Clayton was indicted for murder in the first degree and was held without *94bail in the Cherokee County jail. He filed a petition for a writ of habeas corpus addressed to the Hon. F. M. Savage, Presiding Judge of the Cherokee Law and Equity Court. A writ was issued in accordance with the prayer of the petition.

When the cause came on to be heard, the State appeared specially and by written motion moved to quash the writ on the ground that the petition should have been addressed to the nearest circuit judge or the probate judge of the county. Title 15, Sec. 6, Code 1940. The…