114 Ala. 8 | Ala. | 1896
Tom Chandler was indicted, tried, convicted of a felony, and sentenced by the city court of Anniston. From this judgment be appealed to this court, and pending the appeal, the probate judge of Calhoun county discharged him from custody on habeas corpus proceedings. His petition for the writ of habeas corpxts showed upon its face, with the exhibits, that the indictment was in regular form, that the trial was by a court of competent jurisdiction, the personal presence of the petitioner in court during the trial, the verdict of the jury, the sentence of the law, and the appeal to this court. Notwithstanding all these facts appeared affirmatively on the hearing of the habeas corpus trial, the probate judge discharged the prisoner. It appeared, also, that the sheriff had accepted a bail bond from the defendant which provided for his appearance at court on a day later than that on which he was put on his trial, and it is, therefore, contended that the court had no power to try the defendant at an earlier date. The es
Judgment will be here rendered, annulling and reversing the order of the probate judge, and the petition for writ of habeas corpus will be dismissed. The prisoner is remanded to custody to abide the result of the appeal to this court.
Reversed and rendered.