State v. Weaver
| Decision Date | 19 May 1910 |
| Citation | State v. Weaver, 52 So. 638, 167 Ala. 672 (Ala. 1910) |
| Parties | STATE EX REL. REYNOLDS v. WEAVER, JUDGE. |
| Court | Alabama Supreme Court |
Petition for mandamus by the State, on the relation of William P Reynolds, against Samuel L. Weaver, Judge, to compel defendant to permit relator to give bail. Denied.
Allen & Bell, for petitioner.
Alexander M. Garber, Atty. Gen., for respondent.
The evident intent in the enactment of the amendatory act approved August 24, 1909 (Gen. Acts Sp. Sess. 1909, 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 murder 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 appeal must be denied.
Mandamus denied.
...
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State v. J.M.W.
...of bail pending appeal (38 C.J. Sec. 163, p. 646; Ex parte Rogers, 17 Ala.App. 172, 82 So. 785, [(1919)]; State ex rel. Reynolds v. Weaver, 167 Ala. 672, 52 So. 638 [(1910)]; Ex parte Byrd, 172 Ala. 179, 55 So. 203 [(1911)]), and, conversely, of course it is equally appropriate to compel of......
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Rivers v. State
... ... that an appeal has been taken ... And ... until such statement has been filed: ... 2. That ... the trial court has no authority to suspend the sentence or ... admit the convict to bail. State ex rel. Reynolds v ... Weaver, Judge, 167 Ala. 672, 52 So. 638; Ex parte ... Knight, supra; Bolling v. State, supra ... [13 ... Ala.App. 372] 3. That no duty rests upon the clerk of the ... trial court to issue a certificate of appeal or make up the ... transcript of the record. Ex parte Cameron, supra ... ...
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State ex rel. Russell v. Jones
... ... Evaporated Milk Ass'n, 63 S.Ct. 938, 941 (6, 7), 87 ... L.Ed. ---, decided May 3, 1943. It has been used when seeking ... to compel the allowance of bail pending appeal (38 C.J. Sec ... 163, p. 646; Ex parte Rogers, 17 Ala.App. 172, 82 So. 785; ... State ex rel. Reynolds v. Weaver, 167 Ala. 672, 52 ... So. 638; Ex parte Byrd, 172 Ala. 179, 55 So. 203), and, ... conversely, of course it is equally appropriate to compel ... official action in vacating an order granting bail when such ... an order was without legal warrant ... The ... demurrer taking the point ... ...
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Ex parte Mancil
... ... trial court properly refused to suspend the execution of the ... judgment, citing Ex parte Knight, 61 Ala. 482, and White ... v. State, 134 Ala. 197, 32 So. 320, as authorities for ... the conclusion stated in the opinion ... The ... decision in Ex parte Knight, supra, ... imprisonment does not exceed ten years the right to bail ... pending the appeal. Code of 1923, § 3241; State ex rel ... Reynolds v. Weaver, Judge, etc., 167 Ala. 672, 52 So ... The ... statute, providing that motions other than motions for new ... trial made in writing, ... ...