Ex parte Simpson
Alabama Court of Appeals
Appeal from Etowah Circuit Court. Heard before Hou. J. E. Blackwood. Application by Jesse Simpson for a writ of habeas corpus to be discharged from custody. From an order quashing the proceeding, relator appeals. The order of the city court- ivas void, and therefore, could be attacked collaterally in any court.
Read the full summary
Appeal from Etowah Circuit Court. Heard before Hou. J. E. Blackwood. Application by Jesse Simpson for a writ of habeas corpus to be discharged from custody. From an order quashing the proceeding, relator appeals. The order of the city court- ivas void, and therefore, could be attacked collaterally in any court. The rule is that the jurisdiction of a committing magistrate when, it once attaches cannot be usurped or ousted by habeas corpus proceedings.. —State v. Humphries, 125 Ala. 110. But it is also the-rule that a petitioner may go behind the returns and’ show that no offense has been…
1Opinion of the Court
de GRAFFENRIED, J.
Jesse Simpson was arrested by the sheriff of Etowah county, without a warrant, on the 30th day of November, 1911. After the arrest, the sheriff went before the judge of the county court and made an affidavit, charging the defendant with murder, and a ivarrant was then obtained, authorizing the arrest of the defendant under the charge of murder.
On the 4th of December, 1911, the grand jury of Etowah county Avas impaneled and adjourned on the 9th. The affidavit and Avarrant against the defendant were sent by the judge of the county court to the grand jury, and the grand jury…
2Cases cited8 opinions
- Drinkard v. StateSupreme Court of Alabama · 1852
- Ex parte RileySupreme Court of Alabama · 1891
- Corn Products Refining Co. v. Dreyfus Bros.Alabama Court of Appeals · 1912
- State v. KyleSupreme Court of Alabama · 1892
- Ex parte WestSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allums v. StateCourt of Criminal Appeals of Alabama · 1979
- Braden v. StateCourt of Criminal Appeals of Alabama · 1969
- Fletcher v. StateCourt of Criminal Appeals of Alabama · 1973
- State Ex Rel. La Prade v. GranthamArizona Supreme Court · 1926
- Duncan v. StateCourt of Criminal Appeals of Alabama · 1970
5 more not listed; retrieve them via the Exa API.