Ex parte Warrick
Supreme Court of Alabama
Application to this court for writ of habeas corpus and bail by party indicted for murder. Benjamin Warrick, the petitioner, being confined in the jail of Bike county under an indictment for the murder of one N. J. Lee, applied to the judge of probate of said county, Hon. W. J. Hilliard, for bail, on a writ of habeas corpus, which was refused; and thereupon this application was made, accompanied by a transcript of all the evidence adduced on the hearing before the judge of…
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Application to this court for writ of habeas corpus and bail by party indicted for murder. Benjamin Warrick, the petitioner, being confined in the jail of Bike county under an indictment for the murder of one N. J. Lee, applied to the judge of probate of said county, Hon. W. J. Hilliard, for bail, on a writ of habeas corpus, which was refused; and thereupon this application was made, accompanied by a transcript of all the evidence adduced on the hearing before the judge of probate. The evidence, as contained in the record, shows that, on 5th March, 1883, the petitioner cut the deceased with a…
1Opinion of the CourtStone, J.
— The judge of probate had the witnesses before him in this cause, and heard them testify. lie refused bail. If he belipved Lee, the deceased, made no hostile demonstration immediately preceding the blow stricken by Warrick, then his ruling was clearly right. The homicide being committed with a deadly weapon, unless the testimony which proved the killing, proved also the justification or extenuation, then the onus was cast on the defendant to repel by proof the inference of malice the law raises. — Hadley v. The State, 55 Ala. 31. The remark of Warrick testified to by Hendricks should be…
2Cases cited5 opinions
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- Hadley v. StateSupreme Court of Alabama · 1876
- Ex parte BrownSupreme Court of Alabama · 1880
- Ex parte AllenSupreme Court of Alabama · 1876
3Cited by11 opinions
- Stokley v. StateSupreme Court of Alabama · 1950
- McKee v. StateSupreme Court of Alabama · 1886
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Horn v. StateSupreme Court of Alabama · 1893
- Jenkins v. StateSupreme Court of Alabama · 1886
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