Ex parte Barker
Supreme Court of Alabama
Application by petition on the part of Wm. M. Barker, for the writs of habeas corpus, certiorari, and other necessary remedial process, to procure his discharge from the custody of the sheriff and jailer of Elmore county; a discharge having been refused by Hon. Wm. A. Austin, the probate judge of said county, to whom the application for a discharge was first made.
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Application by petition on the part of Wm. M. Barker, for the writs of habeas corpus, certiorari, and other necessary remedial process, to procure his discharge from the custody of the sheriff and jailer of Elmore county; a discharge having been refused by Hon. Wm. A. Austin, the probate judge of said county, to whom the application for a discharge was first made. The petition alleged, and the accompanying exhibits showed, that on the 8th November, 1888, an affidavit was made before Judge Austin, as judge of the County Court, by one F. L. Barker, charging that the petitioner, W. M. Barker,…
1Opinion of the CourtSomerville, J.
The prisoner was arrested in the State of Georgia, without legal process, and was afterwards handed over by the officers of the law in that State into the custody of one McCain, who acted as agent of the State of Alabama, under a warrant issued by the Governor of the latter State under the inter-state extradition laws of the United States. This was done pursuant to a warrant of the Governor of Georgia. These extradition papers are claimed to have been so defective as to confer no jurisdiction on any of the officers, in whose custody the prisoner has been detained.
The return made to the writ…
2Cases cited4 opinions
- Ker v. IllinoisSupreme Court of the United States · 1886
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Ker v. PeopleIllinois Supreme Court · 1884
- State v. BrewsterSupreme Court of Vermont · 1835
3Cited by7 opinions
- In re MoyerIdaho Supreme Court · 1906
- Davis v. StateCourt of Criminal Appeals of Alabama · 1988
- Carr v. StateSupreme Court of Alabama · 1893
- White v. StateCourt of Criminal Appeals of Alabama · 1986
- Commonwealth v. StreetPhiladelphia County Court of Quarter Sessions · 1923
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