Askew v. State
Supreme Court of Alabama
Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Browne. Petition of Clem Askew for discharge on habeas corpus. From an order denying a discharge, 1m appeals.
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Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Browne. Petition of Clem Askew for discharge on habeas corpus. From an order denying a discharge, 1m appeals. Clem Askew ivas convicted of a misdemeanor, and sentenced to hard labor in the county of Baldwin, and, while being detained by the sheriff pending the arrival of the hard-labor agent he filed his petition, alleging that the sheriff was about to deliver him to the hard-labor agent, and that the county had no valid contract with persons to work convicts on the outside of the county, and had not provided for working them on…
1Opinion of the CourtAnderson, J.
— The sheriff had not held the petitioner an unreasonable time; for, so far as the record shows, he may have applied for the writ immediately after surrendering himself. It is insisted, however, that the sheriff Avas holding him for the purpose of delivering him to the hard-labor contractor, and that the contract under Avhich petitioner Avas to be received was invalid. Conceding, without deciding, that the contract can be questioned AA-hile the petitioner was in the hands of the sheriff, and that he did not have to wait until he reached the custody of the contractors, we are of the opinion…
2Cases cited2 opinions
- Fuller v. StateSupreme Court of Alabama · 1892
- Salter v. StateSupreme Court of Alabama · 1897