STATE v. CLAYTON

7 Div. 72.

44 So.2d 276 (1950)

STATE v. CLAYTON.

Court of Appeals of Alabama.

January 31, 1950.


Attorney(s) appearing for the Case

A. A. Carmichael, Atty. Gen., and Bernard F. Sykes, Asst. Atty. Gen., for the State.

Beddow & Jones and G. Ernest Jones, Jr., of Birmingham, and Reed & Reed of Centre, for appellee.


CARR, Judge.

Fletcher Clayton was indicted for murder in the first degree and was held without bail in the Cherokee County jail. He filed a petition for a writ of habeas corpus addressed to the Hon. F. M. Savage, Presiding Judge of the Cherokee Law and Equity Court. A writ was issued in accordance with the prayer of the petition.

When the cause came on to be heard, the State appeared specially and by written motion moved to quash the writ on the ground that...

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