Legal Opinion

Ex parte Clements

Supreme Court of Alabama

Decided January 15, 1874PublishedCited by 6 opinions

Application for mandamus to the Circuit Court of Perry, Hon. M. J. Saffold presiding, to procure the petitioner’s discharge from custody and further prosecution under an indictment, pending in said court against him, for the murder of John Keeton. The material facts are stated in the opinion of the court.

1Opinion of the CourtPeters, C. J.

This is an application for mandamus, to be directed to the honorable judge of the first judicial circuit, sitting in and for the county of Perry, to compel said judge to discharge the petitioner, James Clements, from further prosecution in the circuit court of said county on an indictment pending in said court, for a charge of murder of John Keeton. The grounds on which this application is made are — that said Clements was put on his trial in said court, on said charge for murder, and after some evidence in support of the accusation had been submitted to the jury, the trial was suspended, and…

2Cases cited3 opinions

  1. Henry v. StateSupreme Court of Alabama · 1859
  2. Foster v. StateSupreme Court of Alabama · 1864
  3. Bell v. StateSupreme Court of Alabama · 1870

3Cited by6 opinions

  1. Allen v. StateSupreme Court of Florida · 1906
  2. Gillespie v. StateIndiana Supreme Court · 1907
  3. Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. Hughes v. StateAlabama Court of Appeals · 1914
  5. Haley v. StateSupreme Court of Arkansas · 1911

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