Anderson v. State

The point here involved, so far as we have been able to ascertain, is original in our State.

This is an appeal from a judgment of the Judge of Probate of Marshall County denying petitioner release or bail on habeas corpus petition.

The warrant for arrest of appellant was predicated upon an affidavit charging first degree murder, made before a magistrate (the County Court having preliminary jurisdiction) of said county.

The defendant was arrested and placed in jail June 1, 1940, upon said warrant, which was returnable for preliminary trial before said magistrate June 3, 1940. On this last named…