State ex rel. Reynolds v. Weaver
Supreme Court of Alabama
Original petition in the Supreme Court. Petition for mandamus by the state on the relation of William.P. Reynolds directed to Hon. Samuel L. Wen's-er as judge to compel him to admit relator to bail, pending an appeal to the Supreme court.
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Original petition in the Supreme Court. Petition for mandamus by the state on the relation of William.P. Reynolds directed to Hon. Samuel L. Wen's-er as judge to compel him to admit relator to bail, pending an appeal to the Supreme court. Counsel insist that under Acts 1909, (S. S.) p. 62, that petitioner is entitled to bail pending his appeal and that as the judge trying the cause had denied it, his only remedy is by an application to this court for mandamus to compel the judge to fix his bail, but they cite no authority in support of their contention. The applicant does not fall within the…
1Opinion of the CourtMcCLELLAN, J.
The evident intent in the enactment of the amendatory act approved August 24, 1909 (Gen. Acts Sp. Sess. 1099, p. 62), was to confer the right to bail pending appeal upon all save two classes of defendants, viz., those under sentence of death and those under sentence for terms longer than 5 years. The petitioner’s conviction was of mnrder in the second degree, and he was sentenced to imprisonment for a term .of 15 years. He is not among those entitled to bail under the act cited, and hence his prayer for mandamus to effect his bail pending apjieal must be denied.
Mandamus denied.
Dowdell, C. J.,…
2Cited by7 opinions
- State Ex Rel. Russell v. JonesAlabama Court of Appeals · 1943
- Rivers v. StateAlabama Court of Appeals · 1915
- Ex parte ByrdSupreme Court of Alabama · 1911
- Ex Parte MancilSupreme Court of Alabama · 1928
- State v. J.M.W.Court of Criminal Appeals of Alabama · 2005
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