Bailey v. State

Defendant (Wiley Bailey) was convicted of miscegenation (section 5001, Code 1923), and upon appeal the Court of Appeals reversed the judgment and discharged the defendant from further custody. His case was treated, from a legal standpoint, as a companion case to that of Granston Rogers v. State, Ala.Sup., 193 So. 872, 1 the two being “in all respects identical,” and the opinion in the latter case treated and considered as the opinion in the Bailey case.

Looking therefore to t-he Rogers case, it appears the judgment of discharge by the Court of Appeals, 193 So. 871, was rested upon the theory…