The appellant, Roy Bradley, being confined in the county jail of Coffee County under an extradition warrant issued by the Governor of Alabama on request of the Governor of Louisiana, filed a petition with the Circuit Judge of Coffee County for a writ of habeas corpus. After a hearing, the circuit judge rendered a judgment discharging the writ of habeas corpus and ordering the petitioner released from custody. This order or judgment was dated February 28, 1956.
Thereafter on March 17, 1956, the State's Solicitor moved the Court to vacate the
It is from this order that the present appeal has been sought to be taken. However it is our view that this order is not appealable.
Appeals in habeas corpus proceedings are governed exclusively by § 369, Title 15, Code of 1940, as amended, Pocket Part; Thomas v. State, 34 Ala.App. 160, 37 So.2d 245; McTyre v. State, 258 Ala. 637, 64 So.2d 601. It has been held by this court that without express statutory authority no appeal lies in favor of the petitioner in such a proceeding. Thomas v. State, 215 Ala. 1, 109 So. 607.
In the case of Carwile v. State, 39 So. 1024, this Court had before it a situation quite similar to the one here involved. There the petitioner obtained an order admitting him to bail, but before bail was accepted, the order was vacated on motion of the solicitor and from this order vacating the order allowing bail, an appeal was sought to be taken. This Court said:
The order from which an appeal has been undertaken in the case at bar is neither a judgment granting or denying a release of the petitioner. The effect is to leave the petitioner before the lower court. It is not an appealable order within the controlling statute. Since the right of appeal is purely statutory, it must be dismissed for lack of statutory authority. This Court is without jurisdiction. McGregor v. McGregor, 250 Ala. 662, 35 So.2d 685.
LIVINGSTON, C. J., and LAWSON and MERRILL, JJ., concur.