Ex parte Joice & Smith
Supreme Court of Alabama
Application by petition in tbe names of Edward. Joice and William Smith, for the writ of habeas corpus, to procure their discharge from the custody of the sheriff of Madison county, under the judgment of a justice of the peace, or several judgments, alleged to be void for want of jurisdiction. The petition was addressed to Hon. Thos.
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Application by petition in tbe names of Edward. Joice and William Smith, for the writ of habeas corpus, to procure their discharge from the custody of the sheriff of Madison county, under the judgment of a justice of the peace, or several judgments, alleged to be void for want of jurisdiction. The petition was addressed to Hon. Thos. J. Taylor, judge of the Probate Court of Madison, who, on the hearing, refused to discharge the petitioners; and they now renew their application to this court. The judgment against each of the petitioners was in the same form, to-wit; “On hearing the evidence,…
1Opinion of the CourtSomebville, J.
The petitioners were convicted o£ carrying on a lottery contrary to the provisions of section 4068 of the Code (1886), which is punishable by fine alone, without imprisonment. The justice imposed a fine of one hundred dollars, the least amount authorized by the statute. Justices of the peace in Madison county are vested with “original jurisdiction, concurrent with the Circuit Court, of all misdemeanors committed in said county,” by the act approved February 8th, 1877. — Acts 1876-77, pp. 197-198. Pursuant to this authority, the justice adjudged the defendants guilty, and awarded, by way of…
2Cases cited7 opinions
- The Emily and the CarolineSupreme Court of the United States · 1824
- Thompson v. StateSupreme Court of Alabama · 1852
- Ex parte StateSupreme Court of Alabama · 1888
- Caldwell v. StateSupreme Court of Alabama · 1876
- Morgan v. StateSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bowen v. StateSupreme Court of Alabama · 1893
- Fuller v. StateAlabama Court of Appeals · 1944
- State v. Morgan.Supreme Court of North Carolina · 1906
- Ex parte HillSupreme Court of Alabama · 1898
- Pounders v. StateAlabama Court of Appeals · 1954
5 more not listed; retrieve them via the Exa API.