State ex rel. Attorney General v. Livingston

Gertiorari.

Petition by the State, on the relation of A. M. Gar-ber, Attorney General, for remedial writ to George S. Livingston, Judge of Probate. One Boy was held under a charge of murder, and applied to Hon. George S. Livingston, judge of probate of Autauga county, for bail. Upon the hearing of the habeas corpus, the judge allowed the petitioner bail, and the state gave notice of the appeal and presented the bill of exceptions. But the appeal was not made up and certified by the judge, and on a day following the petitioner filed in the Supreme Court a motion to establish a bill of exceptions in such cause, which was pending at the time this application was made. It is alleged that aft'er notice of appeal, and after motion made to establish the bill of exceptions on appeal, Hon. George S. Livingston^ as judge of probate, caused the sheriff to admit the prisoner to bail, and that the sheriff accepted such bond and released the prisoner. The prayer is that mandamus, certiorari, or other remedial writ be directed to the judge of probate to make up and certify to this court at once the papers in said cause which constitute the record proper, and that the judge of probate be ordered and directed to vacate the order attempting to deny to the state of Alabama the right to perfect such appeal and attempting to relieve said Roy of custody, and that the sheriff be directed to take the prisoner into custody and to hold him pending the decision of this matter. This petition is verified by affidavit.