State v. Chancey
| Decision Date | 01 June 1916 |
| Docket Number | 4 Div. 464 |
| Citation | 14 Ala.App. 119,72 So. 213 |
| Parties | STATE v. CHANCEY. |
| Court | Alabama Court of Appeals |
Appeal from Chancery Court, Geneva County; Oscar S. Lewis, Chancellor.
Ike D. Chancey was charged with the crime of murder, and from the order admitting him to bail, the State appeals. Affirmed.
W.L. Martin, Atty. Gen., for the State.
Lee & Tompkins and Farmer & Farmer, all of Dothan, for appellee.
This appeal is from an order of the chancellor of the Southeastern chancery division admitting the petitioner (appellee) to bail to answer a charge of murder in the first degree, preferred through the office of an indictment regularly presented by a grand jury of the circuit court of Geneva county.
That the state has a right to appeal from an order on habeas corpus without giving security for costs is settled. State v. Davis, 156 Ala. 181, 47 So. 182; State v. Towery et al., 143 Ala. 48, 39 So. 309. It has also been repeatedly held that in reviewing the finding of the primary tribunal the conclusion of the judge below on the facts, who sees and hears the witnesses, will not be disturbed, unless his finding is contrary to the great weight or preponderance of the evidence. State v. Lacey, 158 Ala. 16, 48 So. 343; Butler et. al. v. State, 1 Ala.App. 265, 56 So. 20. An examination of the evidence shows a conflict, one phase of which well supports the order of the chancellor admitting the petitioner to bail; and, having due regard to the weight which should in such a case be accorded to the judgment and finding on the facts of the primary tribunal by the reviewing court on appeal, we cannot say that the evidence presented by the record in this case makes it clear that the chancellor was in error in granting bail. For obvious reasons we refrain from a discussion of the diverging tendencies of the conflicting evidence, and express no opinion as to any part of the evidence that might affect the trial to ba had on the merits, further than to state our conclusion as above from the entire record on the question presented on this appeal.
It follows that the order of the chancellor must be affirmed.
Affirmed.
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In re Petition of Blades, 6661
... ... in caption, pleadings, or judgment. (I. C. A., sec. 11-103.) ... 3 ... Generally, the state itself may appeal from a judgment ... discharging a petitioner from custody on habeas corpus, as a ... "party aggrieved." (I. C. A., sec. 11-103.) ... Davis, ... 156 Ala. 181, 47 So. 182; State ex rel. Attorney General ... v. Livingston, 170 Ala. 147, 54 So. 109; State v ... Chancey, 14 Ala. App. 119, 72 So. 213; State ex rel ... Keyes v. Buckham, 29 Minn. 462, 13 N.W. 902; State ... ex rel. Shattuck v. French, 82 Wash. 330, ... ...
- Willingham v. State
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State v. Gambrell
...unless his finding is contrary to the great weight or preponderance of the evidence, such finding will not be disturbed. State v. Chancey, 14 Ala.App. 119, 72 So. 213; State v. Lacey, 158 Ala. 16, 48 So. The Attorney General, who represents the state before this court, concedes by brief fil......
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State v. Morris, 6 Div. 85.
... ... quoted. It has often been held that, in reviewing the finding ... of the primary tribunal in proceedings of this character, ... such finding will not be disturbed, unless it is contrary to ... the great weight or preponderance of the evidence. State ... v. Chancey, 14 Ala. App. 119, 72 So. 213; State v ... Lacey, 158 Ala. 16, 48 So. 343 ... The ... order of the judge of probate from which this appeal by the ... state was taken and in which bail was allowed petitioners is ... in all things affirmed ... ...