From Casetext: Smarter Legal Research

State ex Rel. Graddick v. Russell

Court of Criminal Appeals of Alabama
Jul 17, 1979
373 So. 2d 656 (Ala. Crim. App. 1979)

Opinion

2 Div. 249.

June 28, 1979.

Rehearing Denied July 17, 1979.

Petition for Writ of Mandamus, Wilcox Circuit Court Number CC-79-26.

Robert E. Morrow, Dist. Atty. and Edgar W. Greene, Deputy Dist. Atty., Fourth Judicial Circuit, Selma, for State of Alabama.

William E. Cassady, Camden, for defendant, David Lee Moton.


It is ordered that the petition for writ of mandamus be and the same is hereby granted on the basis of a petition filed in this Court asking that the writ of mandamus be directed to the Honorable Edgar P. Russell, as Presiding Judge of the 4th Judicial Circuit of Alabama, commanding and requiring him to rescind and hold for naught his order of June 1, 1979, requiring a preliminary hearing to be held in the above cause. (See Duncan v. State, 369 So.2d 885).

TYSON, DeCARLO and BOOKOUT, JJ., concur.

BOWEN, J., dissents.


Summaries of

State ex Rel. Graddick v. Russell

Court of Criminal Appeals of Alabama
Jul 17, 1979
373 So. 2d 656 (Ala. Crim. App. 1979)
Case details for

State ex Rel. Graddick v. Russell

Case Details

Full title:STATE of Alabama ex rel. Charles GRADDICK et al. v. Edgar P. RUSSELL…

Court:Court of Criminal Appeals of Alabama

Date published: Jul 17, 1979

Citations

373 So. 2d 656 (Ala. Crim. App. 1979)

Citing Cases

Nobis v. State

fn4 See also State ex rel. Graddick v. Russell, 373 So.2d 656 (Ala.Cr.App. 1979); Brown v. State, 392 So.2d…