State v. Vaughan
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. Claud M. Vaughan and Roy Vaughan were arrested and had preliminary trial before a justice of the peace on the charge of murder. They were bound over to answer indictment in the circuit court, but were allowed hail. Afterwards and while they were at large on hail bond, complaint was made before another justice of the peace, charging them with the sam.e offence for which they were under bond.
Read the full summary
Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. Claud M. Vaughan and Roy Vaughan were arrested and had preliminary trial before a justice of the peace on the charge of murder. They were bound over to answer indictment in the circuit court, but were allowed hail. Afterwards and while they were at large on hail bond, complaint was made before another justice of the peace, charging them with the sam.e offence for which they were under bond. Warrants of arrest were issued by this second justice and the defendants were required, against their protest, to undergo another…
1Opinion of the CourtMoCLELLAN, C. J.
— We do not think an extended discussion of this case is necessary. We are of opinion that' the point involved here is determinable against the petitioners for the writ of habeas corpus upon what is said in the case of Ex parte Robinson, 108 Ala. 161. It may be that what is there declared bearing upon the precise question presented here was not necessary to the decision of that case, and hence was in a sense dictum; but whether necessary to that case or not it is necessary to this, and as we are fully impressed with the soundness of the principle as there expounded, we adopt that exposition…
2Cases cited1 opinion
- Ex parte RobinsonSupreme Court of Alabama · 1895
3Cited by3 opinions
- Taylor v. StateSupreme Court of Alabama · 1901
- Mitchell v. StateCourt of Criminal Appeals of Alabama · 1980
- Ex parte RossSupreme Court of Alabama · 1914