State v. Humphrey
| Decision Date | 05 April 1900 |
| Citation | 125 Ala. 110,27 So. 969 |
| Parties | STATE v. HUMPHREY. |
| Court | Alabama Supreme Court |
Appeal from probate court, Cullman county; S. L. Fuller, Judge.
Petition for habeas corpus by Clare Humphrey for admission to bail. From an order granting the prayer, the state appeals. Reversed.
At the time of the filing of the petition and at the time of the hearing, the petitioner was confined in the county jail of Cullman county for murder. She had been arrested upon a warrant issued by a justice of the peace of said county, and pending the continuance of the hearing before the justice of the peace of said county, she was committed to jail under a writ of mittimus issued by said justice of the peace. Pending the continuance the petition in this case was filed. The other facts of the case are sufficiently stated in the opinion.
Upon the hearing of the cause the judge of probate granted the prayer of the petition and ordered that the petitioner be admitted to bail. From this judgment the state appeals, and assigns the rendition thereof as error.
Cofer & Ahlrich and Chas. G. Brown, Atty. Gen., for the State.
Brown & Curtis and Geo. H. Parker, for appellee.
Judges of the supreme, circuit, city, probate and county courts chancellors, justices of the peace, mayors of incorporated cities or towns, within the territorial limits prescribed for each by the statute, are committing magistrates. Code, §§ 5161, 5204, 5205. For the purpose of issuing a warrant upon complaint made of the commission of a criminal offense, any one of these officers, within the territorial limits of his jurisdiction and for the purposes of a preliminary examination of the defendant after arrest, is equal in jurisdiction and authority to any of the other magistrates named in section 5161 of the Code.
When a defendant is arrested on a warrant for a felony, in the county where the offense is charged to have been committed, it is made the duty of the arresting officer, to carry him before the magistrate who issued the warrant, or if such magistrate is unable to attend, or his office is vacant, before some other magistrate of the county in which such warrant issued, etc. Code, § 5223.
Section 5229 of the Code provides, "that when a defendant is brought before a magistrate for examination, such magistrate may adjourn the examination from time to time, as may be necessary, not exceeding ten days at one time, without the consent of defendant, and to the same, or a different place in the county; and in such case, if the defendant is charged with a capital offense, he must be committed to jail meantime," etc. At the appointed time, it becomes the duty of the examining magistrate to proceed, as prescribed by the Code, to inquire into the commission of the offense, and discharge, bail, or commit without bail, as the facts of the case may in his judgment require. Sections 5233-5237.
The state moved to dismiss the proceeding in this case, because the petition was not verified by the oath of the applicant as required by statute; because the probate judge had no jurisdiction or authority to issue the writ, for the reason that at the time of the filing of the petition for...
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Braden v. State
...proper praecipe for a writ is one for mandamus, not for habeas corpus. Ex parte Simpson, 3 Ala.App. 222, 57 So. 518; State v. Humphrey, 125 Ala. 110, 27 So. 969; State v. Richburg, 42 Ala.App. 495, 168 So.2d Upon indictment by a properly chosen grand jury, then a determination of there bein......
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Sherrod v. State
... ... either the statement of facts or the opinion indicates that ... the court, whose jurisdiction was upheld to the exclusion of ... the other, had acquired jurisdiction of the person of the ... accused before the other court had done so. State v ... Humphrey, 125 Ala. 110, 27 So. 969; Pippin v. State ... ex rel. Attorney General, 156 Ala. 185, 47 South 266 ... Indeed it appears from the opinion in the cases of Gustin ... v. State, 10 Ala.App. 171, 65 So. 302, and Harmon v ... State, 8 Ala.App. 311, 62 So. 438, that the Court of ... Appeals held ... ...
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Ex parte State
... ... of the offense with which he was charged and has been ... convicted, the circuit judge properly refused to issue the ... writ, and here also it will be denied." See, also, Ex ... parte Chandler, 114 Ala. 8, 22 So. 285; State v ... Humphrey, 125 Ala. 110, 27 So. 969; Hall v ... State, 130 Ala. 139, 30 So. 502. This principle, it ... seems to us, is decisive of the question that the respondent ... had no jurisdiction to hear and determine the petition for ... writ of habeas corpus; for it will certainly not be disputed ... that ... ...
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Coleman v. State
...proper praecipe for a writ is one for mandamus, not for habeas corpus. Ex parte Simpson, 3 Ala.App. 222, 57 So.2d 518; State v. Humphrey, 125 Ala. 110, 27 So. 969; State v. Richburg, 42 Ala.App. 495, 168 So.2d 'Upon indictment by a properly chosen grand jury, then a determination of there b......