Ex parte King
Supreme Court of Alabama
Application by petition by Philip King, for a writ of habeas corpus to procure his discharge from the custody of the jailer of Montgomery, under a sentence to bard labor for the county, on account of undue delay in the execution of the sentence.
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Application by petition by Philip King, for a writ of habeas corpus to procure his discharge from the custody of the jailer of Montgomery, under a sentence to bard labor for the county, on account of undue delay in the execution of the sentence. It appears from the petition, with the accompanying exhibits, that the petitioner was prosecuted in the County Court of Montgomery for “ trespass to realty,” was duly convicted, and sentenced to hard labor for the county for thirty days, and to an additional term of one hundred c[ays on non-payment of the costs ; that this judgment was rendered on the…
1Opinion of the CourtClopton, J.
— It is settled, that when a convict is sentenced to hard labor for the county, and a reasonable time for the execution of the sentence has passed, his further detention and imprisonment in the county jail is unauthorized and illegal; and though his imprisonment was at first lawful, being necessary to secure his presence for the execution of the sentence, he becomes entitled “ to his discharge by reason of a subsequent act, omission, or event.” But, in all cases, a reasonable time must necessarily be allowed for his delivery to the proper authority of the county to receive him. In the…
2Cases cited1 opinion
- Kirby v. StateSupreme Court of Alabama · 1878
3Cited by6 opinions
- White v. StateSupreme Court of Alabama · 1901
- Ex parte GoucherSupreme Court of Alabama · 1893
- Ex Parte KingAlabama Court of Appeals · 1917
- O'Neil v. StateSupreme Court of Alabama · 1901
- People ex rel. Uebelmesser v. CarterAppellate Division of the Supreme Court of the State of New York · 1917
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