State v. Lacy

• Decision Date: 12 January 1909
• Citation: 158 Ala. 16,48 So. 343
• Parties: STATE v. LACY.
• Court: Alabama Supreme Court

48 So. 343

158 Ala. 16

STATE v. LACY.

Supreme Court of Alabama

January 12, 1909

Appeal from Probate Court, Shelby County; A. P. Longshore, Judge.

Habeas corpus by Jake Lacy against the State to compel petitioner's admittance to bail. From an order admitting petitioner to bail, the State appeals. Affirmed.

Alexander M. Garber, Atty. Gen., Thomas W. Martin, Asst. Atty. Gen., and Borden H. Burr, for the State.

Estes, Jones & Welch and McMillan & Haynes, for appellee.

ANDERSON, J.

That the state has the right to appeal in this case there can be no doubt. Section 6245 of the Code of 1907. It has also been held that this right given the state does not violate the Constitution. State v. Towery, 143 Ala. 48, 39 So. 309.

As has been repeatedly held by this court, where there is a conflict in the evidence and the judge below sees and hears the witnesses, his conclusion on the facts will not be disturbed, unless his finding is contrary to the great weight or preponderance of the evidence. It is insisted, by the state's counsel that this rule should not apply in the case at bar, because the main witness for the state did not appear in person before the probate judge and his evidence was in writing. If all of the evidence considered by the probate judge was in writing, then there might be merit in counsel's insistence; but all the witnesses save Piper did appear and testify in person, and the probate judge saw and heard them, and we are not prepared to reverse his order admitting the petitioner to bail.

Affirmed.

HARALSON, SIMPSON, and DENSON, JJ., concur.