Legal Opinion

Ex parte Allen

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 5 opinions

The petitioner in this ease, Brad Allen, was indicted in the Circuit Court of Choctaw, at its October term, 1876, for the murder of Frank Allen, his brother; and having been arrested under a capias, a writ of habeas corpus was sued out, returnable before the Hon. B. H. Wabben, the probate judge of said county, to obtain his discharge on bail.

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The petitioner in this ease, Brad Allen, was indicted in the Circuit Court of Choctaw, at its October term, 1876, for the murder of Frank Allen, his brother; and having been arrested under a capias, a writ of habeas corpus was sued out, returnable before the Hon. B. H. Wabben, the probate judge of said county, to obtain his discharge on bail. On the evidence adduced, which it is not necessary to state, the probate judge refused to allow bail, and remanded the prisoner to jail. A bill of exceptions was reserved by the prisoner to this refusal, in which all the evidence is set out, and on which…

1Opinion of the Court

STONE, J. —

The testimony in this case is conflicting; some of it tending to prove a causeless killing. Indeed, there is testimony tending to show a previously formed design, evidenced by threats, and other circumstances. On the other hand, there are some circumstances tending to show that the accused fired in defense of himself against an attack, or threatened attack with a knife. The point at which the ball entered the head of deceased, and the direction it took, must weaken to some extent the excuse that deceased was menacing the accused at the time of - the homicide. There is even a…

2Cited by5 opinions

  1. Ex parte BrownSupreme Court of Alabama · 1880
  2. Ex parte WarrickSupreme Court of Alabama · 1882
  3. Ex parte RichardsonSupreme Court of Alabama · 1892
  4. Webb v. StateAlabama Court of Appeals · 1951
  5. Dargan v. HarrisSupreme Court of Alabama · 1880

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