Legal Opinion

Ex parte Chase

Supreme Court of Alabama

Decided June 15, 1869PublishedCited by 25 opinions

This was au application by John W. Chase for mandamus, or other appropriate writ, to compel the city court of Montgomery, Hon. J. D. Cunningham, presiding, to “ remove the trial of the case of The State of Alabama v. John W. Chase, on an indictment for murder, and now pending in said court, to the nearest county free from exception, according to the law of the land;” petitioner’s application for a change of venue, having been overruled and refused by said court.

Read the full summary

This was au application by John W. Chase for mandamus, or other appropriate writ, to compel the city court of Montgomery, Hon. J. D. Cunningham, presiding, to “ remove the trial of the case of The State of Alabama v. John W. Chase, on an indictment for murder, and now pending in said court, to the nearest county free from exception, according to the law of the land;” petitioner’s application for a change of venue, having been overruled and refused by said court. The bill of exceptions sets out in full the application for a change of venue, which was duly sworn to in open court, and stated, in…

1Opinion of the CourtPetees, J.

Under the protection of the constitution of the State, a person charged with an offense, punishable as a crime, in the civil tribunals, is entitled to a speedy trial, “ by an impartial jury of the county or district in which the offense was committed.” This is an important provision, granted to him by the highest law. And it was deemed of such necessity, by the people, that it has been placed above repeal or denial; and every civil officer of the State, who has been regularly inducted into his office, has solemnly sworn, honestly and faithfully, to support and defend it. It is the duty of the…

2Cases cited5 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
  3. City of Galena v. AmySupreme Court of the United States · 1867
  4. Thompson v. StateSupreme Court of Alabama · 1852
  5. Ex parte BanksSupreme Court of Alabama · 1856

3Cited by25 opinions

  1. In Re J. P. Linahan, Inc.Court of Appeals for the Second Circuit · 1943
  2. Hussey v. StateSupreme Court of Alabama · 1888
  3. Birdsong v. StateSupreme Court of Alabama · 1872
  4. Taylor v. StateCourt of Criminal Appeals of Texas · 1917
  5. Crawford v. StateSupreme Court of Alabama · 1870

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API