State ex rel. Attorney General v. Gunter
Alabama Court of Appeals
Original petition in Court of Appeals. Application by the State on the relation of the Attorney General for a writ of mandamus directed to the Honorable Gaston Gunter as Judge of the City Court of Montgomery, inquiring him to resentence a prisoner who had been discharged on habeas corpus.
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Original petition in Court of Appeals. Application by the State on the relation of the Attorney General for a writ of mandamus directed to the Honorable Gaston Gunter as Judge of the City Court of Montgomery, inquiring him to resentence a prisoner who had been discharged on habeas corpus. The following cases will be found to support the judgment of the Court of Appeals, and to hold that an improper judgment of conviction may be correcetd even after part of the improper sentence has béen served. — TJ. 8. v. Harmon, 68 Fed. 472; Ex parte Gray, 77 Mo. 160; In re Graves, 117 Fed. 798; In re…
1Opinion of the CourtPelham, P. J.
After this court had corrected a former judgment of affirmance (see Minto v. State, 8 Ala. App. 306, 62 South. 376), and reversed it as to that *401part dealing with the sentence to be imposed on the defendant, and remanded the canse to the end that the trial court sentence the defendant as required by law (see Minto v. State, 9 Ala. App. 95, 64 South. 369), the respondent, as the presiding judge of the trial court, refused, on the objection of the defendant, to impose the sentence as directed by the judgment of this court and as required by law, and the state brings this proceeding to enforce…
2Cases cited8 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Sanders v. StateSupreme Court of Alabama · 1913
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1907
- Forbes v. DavisSupreme Court of Alabama · 1914
- Minto v. StateAlabama Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. KneeskernSupreme Court of Iowa · 1926
- Peff Ex Rel. Laughlin v. DoolittleSupreme Court of Iowa · 1944
- Wright v. StateAlabama Court of Appeals · 1915
- State ex rel. Attorney General v. GunterSupreme Court of Alabama · 1915
- Bryant v. StateAlabama Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.