20 Ala. 89 | Ala. | 1852
We are of opinion that the Circuit Judge might well refuse leave to withdraw the motion for bail, having fully examined all the facts and circumstances of the case. It was a question in which the State, as well as the prisoner, was interested, and although the inquiry was begun upon the application of the prisoner, the State was in effect the plaintiff party, and it was the duty of the judge, having fully examined into all the facts and circumstances of the case, to proceed and admit the prisoner to bail, thus ridding the State of the expense of his custody, or remand him to prison, denying bail, as the facts and circumstances required.
We are further of opinion that both these motions must be denied. The first, which is for a habeas corpus, upon the ground that the affidavit upon which the continuance was granted, has been supplied by the argreement of counsel, and this, under the previous decision of this court in ex parte Chaney, 8 Ala. Rep. 424, deprives the prisoner of the right to bail, growing out of a continuance for want of such written affidavit. The second motion, which is for a mandamus, cannot be allowed; because the court, having previously examined fully into all the facts and circumstances of the case, was not bound to re-investigate the facts and circumstances, but might well repose on its previous decision made upon such full investigation. We will not say, the former adjudication was conclusive upon the party’s right to bail, as arising out of the facts. On the contrary, we think it was not, and that it would have been competent for the court, even upon the same facts, to have admitted to bail, if he had been satisfied that the former conclusion attained upon the evidence was erroneous. But he was not compelled to re-try the facts, as
Motions denied.
