State v. Allison

Alabama Court of Appeals

State v. Allison

88 So. 926, 18 Ala. App. 696

CourtAlabama Court of Appeals

DecidedMarch 9, 1921

Docket6 Div. 867.

StatusPublished

This text of 88 So. 926 (State v. Allison) 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

State v. Allison, 88 So. 926, 18 Ala. App. 696 (Ala. Ct. App. 1921).

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Opinion

BRICKEN, P. J.

Appellee, J. R. Allison, was indicted at the July, 1920, term of the circuit court of Jefferson county for the offense of murder in the first degree. The indictment was filed in court on September 24, 1920. The offense charged being prima facie not bailable, the accused petitioned the Honorable Romaine Boyd, judge of said court, for writ of habeas corpus, and the cause was tried and determined by him on October 2, 1920. From an order allowing petitioner bail in the sum of $10',000' the state appeals. For obvious reasons we shall refrain from a discussion of the testimony, which fias been carefully considered. Having regard to the weight which should be' accorded by the revising court to the judgment of the primary tribunal, when the same is presented for review on appeal (Ex parte Sloane, 95 Ala. 22, 11 South. 14; Ex parte McAnally, 53 Ala. 495, 25 Am. Rep. 646; Ex parte Nettles, 58 Ala. 268), we are of the opinion, after a careful consideration of the entire record, that there was no error in the order made and entered, granting the petition and allowing the defendant bail, and the order appealed from is affirmed. Affirmed.

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BRICKEN, P. J.

Appellee, J. R. Allison, was indicted at the July, 1920, term of the circuit court of Jefferson county for the offense of murder in the first degree. The indictment was filed in court on September 24, 1920. The offense charged being prima facie not bailable, the accused petitioned the Honorable Romaine Boyd, judge of said court, for writ of habeas corpus, and the cause was tried and determined by him on October 2, 1920. From an order allowing petitioner bail in the sum of $10',000' the state appeals. For obvious reasons we shall refrain from a discussion of the testimony, which fias been carefully considered. Having regard to the weight which should be' accorded by the revising court to the judgment of the primary tribunal, when the same is presented for review on appeal (Ex parte Sloane, 95 Ala. 22, 11 South. 14; Ex parte McAnally, 53 Ala. 495, 25 Am. Rep. 646; Ex parte Nettles, 58 Ala. 268), we are of the opinion, after a careful consideration of the entire record, that there was no error in the order made and entered, granting the petition and allowing the defendant bail, and the order appealed from is affirmed. Affirmed.

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Bluebook (online)

88 So. 926, 18 Ala. App. 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-allison-alactapp-1921.

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