Ex Parte McPhearson

Alabama Court of Appeals

Ex Parte McPhearson

109 So. 2d 755, 40 Ala. App. 168

CourtAlabama Court of Appeals

DecidedFebruary 26, 1959

Docket2 Div. 14

StatusPublished

Cited by1 cases

This text of 109 So. 2d 755 (Ex Parte McPhearson) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte McPhearson, 109 So. 2d 755, 40 Ala. App. 168 (Ala. Ct. App. 1959).

Pincite

Opinion

PER CURIAM.

Defendant, John Lewis McPhearson, is held in custody by the Sheriff of Choctaw County under information filed by said sheriff charging him with the murder of his wife, Irma Lee McPhearson.

A preliminary hearing was had before Honorable Franklin C. Evans, Judge of the Inferior Court of Choctaw County on February 11, 1959. An order was issued remanding defendant to jail without bond to await the action of the grand jury.

Application for bail is filed in this court. Ex parte Ousley, 22 Ala.App. 619, 118 So. 675; Ex parte Stokley, 34 Ala.App. 576, 41 So.2d 780. The certified transcript of the evidence taken at the preliminary hearing was attached as an exhibit to said application.

We refrain from a discussion of the evidence, as is customary in such cases, but upon a careful consideration en banc of all the testimony submitted in the preliminary hearing, we are clear to the conclusion that under such evidence and the governing legal principles the defendant is not entitled to bail. Colvin v. State, 36 Ala.App. 104, 53 So.2d 99.

Application for bail denied.

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