Ex parte Haley
Alabama Court of Appeals
Appeal from Birmingham City Court, Heard before Hon. H. A. Sharpe. Application for habeas corpus by L. J. ITaley, for and on behalf of Sherry McWilliams, alleged to be unlawfully restrained. From an order granting the petition the state appeals.
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Appeal from Birmingham City Court, Heard before Hon. H. A. Sharpe. Application for habeas corpus by L. J. ITaley, for and on behalf of Sherry McWilliams, alleged to be unlawfully restrained. From an order granting the petition the state appeals. A writ of habeas corpus cannot be made a substitute for an appeal or writ of error, and is not applicable for a discharge of the prisoner under the facts in this case.— Ex parte Simmons, 62 Ala. 416; Ex parte Hubbard, 65 Ala. 473; Ex parte Merlett, 71 Ala. 371; Ex parte Bimell, 112 Ala. 210; Ex parte Robinson, 123 Ala. 103; Bray v. The State, 140 Ala.…
1Opinion of the CourtWalker, P. J.
Sher(ry McWilliams was convicted of a misdemeanor, and sentenced to hard labor for the county for 10 days as a punishment for the offense, and '■for a term of 60 days (not to exceed 10 months at the rate of 40 cents per day) to satisfy the costs of this prosecution, amounting to $23.75, and said hard labor to commence on the 8th day of May, 1911, and terminate on the 20th day of July, 1911.” The petition for the writ of habeas corpus in behalf of the convict was sued out on the 12th day of July, 1911, before the date named in the judgment for the expiration of the sentence to hard labor for…
2Cases cited18 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- In Re BonnerSupreme Court of the United States · 1894
- United States v. PridgeonSupreme Court of the United States · 1894
- In Re SwanSupreme Court of the United States · 1893
- Ex parte HardySupreme Court of Alabama · 1880
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3Cited by9 opinions
- Vernon v. StateSupreme Court of Alabama · 1941
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- Anderson v. SalantSupreme Court of Rhode Island · 1916
- Flowers v. StateAlabama Court of Appeals · 1912
- Tennessee Coal, Iron & R. R. v. ButlerSupreme Court of Alabama · 1914
4 more not listed; retrieve them via the Exa API.