BAILEY v. ALABAMA

No. 538.

211 U.S. 452 (1908)

29 S.Ct. 141

53 L.Ed. 278

BAILEY v. STATE OF ALABAMA.

Supreme Court of United States.

Decided December 21, 1908.


Attorney(s) appearing for the Case

Mr. Fred S. Ball and Mr. Edw. S. Watts, for plaintiff in error.

Mr. Alexander M. Garber, Attorney General of the State of Alabama, and Mr. Thomas W. Martin, for defendant in error.

By leave of court, Mr. Attorney General Bonaparte and Mr. Robert A. Howard filed a brief as amici curiae on the question of constitutionality of the Alabama statute.


MR. JUSTICE HOLMES delivered the opinion of the court.

This is a writ of error to reverse a judgment of the Supreme Court of the State of Alabama, affirming a judgment of a judge of the Montgomery City Court, which denied a discharge on habeas corpus to the plaintiff in error. At the hearing on the writ in the City Court it appeared that after a preliminary trial before a justice of the peace the plaintiff in error...

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