# Ex Parte James

> Court of Criminal Appeals of Alabama · May 8, 1974 · 53 Ala. App. 632

URL: https://www.frixlaw.com/law-library/cases/9672140

## Case

- **Full name:** Ex Parte Eugene Howard JAMES
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** May 8, 1974
- **Citations:** 53 Ala. App. 632; 303 So. 2d 133; 1974 Ala. Crim. App. LEXIS 1326
- **Precedential status:** Published
- **Opinion:** Concurrence by Cates
- **Judges:** Tyson, Decarlo, Cates, Harris, JJ-
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672140

## Opinion text

CATES, Presiding Judge
(concurring):
I am worried that our peace bond statute is unconstitutional on its face. Since 1970 I believe no one can be legally detained for a crime unless under a judgment requiring *645 proof beyond a reasonable doubt. In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L. Ed.2d 368 and Ivan v. City of New York, 407 U.S. 203 , 92 S.Ct. 1951 , 32 L.Ed.2d 659 . This latter case applied Winship retroactively. See Wilbur v. Mullaney, 1 Cir., 473 F.2d 943 — a homicide case.
Certainly a proper peace bond law serves a useful societal purpose. Here the appellant exhibits at times an ungovernable temper with attendant physical aggression. Sociopathy is no defense in our jurisprudence. Every citizen is entitled to life, limb and peaceful enjoyment of his rights and privileges. Sic utere tuo ut alienum non laedas conversely restrains the other.
I hope that our Legislature will examine and amend this law.
My concurring opinion nowise is intended to detract from Judge Harris’s opinion, which I consider to be the proper pragmatic solution to the situation presented on this record.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672140. Public record. Not legal advice.