Legal Opinion

Ex Parte Williams

Alabama Court of Appeals

Decided August 27, 1921No. 3. Div. 408PublishedCited by 2 opinions

Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge, Petition of Grady Williams for habeas corpus. The conviction pleaded as a bar to the further prosecution was a conviction under the state law, and not for the violation of the municipal ordinance. Section 9, Const. 1901; 188 Ala. 107, 66 South. 147; 155 Ala. 78, 46 South. 491; 71 Ala. 307; 136 Ala. 196, 34 South. 194; 89 Ala. 172, S South. 109; 13 Ala. App. 243, 68 South. 715; 17 Ala.

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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge, Petition of Grady Williams for habeas corpus. The conviction pleaded as a bar to the further prosecution was a conviction under the state law, and not for the violation of the municipal ordinance. Section 9, Const. 1901; 188 Ala. 107, 66 South. 147; 155 Ala. 78, 46 South. 491; 71 Ala. 307; 136 Ala. 196, 34 South. 194; 89 Ala. 172, S South. 109; 13 Ala. App. 243, 68 South. 715; 17 Ala. App. 551, 86 South. 126. .Petitioner had his right of appeal, and habeas corpus would not lie. 157 Ala. 1, 47 South. 1025; 140 Ala. 172, 37…

1Opinion of the CourtMerritt, J.

The petitioner, Grady Williams, appeals from the judgment of 1-Ion. Walter B. Jones, judge of the circuit court of Montgomery county, refusing to grant his discharge on his petition for habeas corpus heard by said judge. Counsel for the state and appellant present only one question for the consideration of this court, and that is whether the recorder of the city of Montgomery tried and convicted the appellant for a violation of the state law, or a violation of a city ordinance. Counsel for the state concede that, if appellant was tried and convicted of a violation of the state law, his plea…

2Cases cited3 opinions

  1. Moore v. StateSupreme Court of Alabama · 1882
  2. Jackson v. StateSupreme Court of Alabama · 1902
  3. Ratley v. StateSupreme Court of Alabama · 1914

3Cited by2 opinions

  1. Howell v. City of Fort PayneAlabama Court of Appeals · 1944
  2. Ex Parte State Ex Rel. DavisSupreme Court of Alabama · 1921

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