Barrett v. State
Alabama Court of Appeals
Appeal from Circuit' Court, Jefferson County; Wm. E. Fort, Judge. Petition by Ollie Barrett, alias Rose, for habeas corpus. From judgment denying the writ, petitioner appeals.
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Appeal from Circuit' Court, Jefferson County; Wm. E. Fort, Judge. Petition by Ollie Barrett, alias Rose, for habeas corpus. From judgment denying the writ, petitioner appeals. Section 23 of the Act creating the Jefferson County Court of Misdemeanors (Local Acts 1919, p. 121) is unconstitutional, and therefore the court was without jurisdiction to suspend the sentence, and, having suspended it, its subsequent action is void, and the petitioner 'was entitled to habeas corpus. 79 South. 316; 53 Mich. 260, 18 N. W. 849; 87 ICan. 740, 125 Pac. 78, 42 L. R. A. (N. S.) 249; 202 111. 287, 67 N. E.…
1Opinion of the CourtSamford, J.
Petitioner was, on July 31. 1920, tried in the Jefferson county court of misdemeanors, on an affidavit dated the same day, charging vagrancy. She was convicted, fined ?25, and as additional punishment was sentenced to 12 months hard labor for the county. A note is made as a part of the judgment, “An agreement to leave town;” also following the judgment and not a part thereof, “Twelve months suspended pending her good behavior and passed thirty days.” Each 30 days thereafter until and including October 30th the entry was regularly made on the docket of the court, “Passed thirty days.” On…
2Cases cited5 opinions
- Bray v. StateSupreme Court of Alabama · 1903
- Hill v. TarverSupreme Court of Alabama · 1900
- Joiner v. WinstonSupreme Court of Alabama · 1880
- Daley v. City of DecaturAlabama Court of Appeals · 1921
- Corporate Authorities of Scottsboro v. JohnstonSupreme Court of Alabama · 1898
3Cited by5 opinions
- State Ex Rel. Bland v. St. JohnSupreme Court of Alabama · 1943
- Carter v. StateCourt of Criminal Appeals of Alabama · 1976
- Clark v. StateAlabama Court of Appeals · 1925
- Barrett v. StateSupreme Court of Alabama · 1921
- Montgomery v. StateSupreme Court of Alabama · 1935