Cofer v. State
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Petition by W. T. L. Cofer for habeas corpus to be discharged from a judgment of conviction in the county court of Cullman county. Upon the hearing the judge dismissed the petition and the petitioner appeals.
Read the full summary
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Petition by W. T. L. Cofer for habeas corpus to be discharged from a judgment of conviction in the county court of Cullman county. Upon the hearing the judge dismissed the petition and the petitioner appeals. It is the rule in state and federal courts that the sentence, judgment or decree of a court that is without jurisdiction or a court that clearly transcends its jurisdiction is a nullity, and the writ of habeas corpus is the appropriate remedy to obtain discharge from imprisonment under such an order. — Ex parte MeKnight,…
1Opinion of the CourtSayre, J.
The petitioner’s effort to bring about his discharge on a writ of habeas corpus was a collateral attack upon the judgment and sentence which had been pronounced upon him by the county court of Cullman. On such attack no mere errors or irregularities affecting the trial which resulted in the judgment could avail the petitioner; he must show that the judgment and sentence was so fatally defective as to be void. That judgment had been affirmed on appeal to this court, and was beyond question in the circuit court. It was merged in the judgment of this court. In re Newton, 94 Ala. 431, 10 South.…
2Cases cited1 opinion
- Ex parte State, in re NewtonSupreme Court of Alabama · 1891
3Cited by6 opinions
- Ex Parte TannerSupreme Court of Alabama · 1929
- Louisville & Nashville R. R. v. JonesSupreme Court of Alabama · 1914
- Tanner v. StateAlabama Court of Appeals · 1929
- Leath v. CobiaSupreme Court of Alabama · 1912
- Little v. StateAlabama Court of Appeals · 1947
1 more not listed; retrieve them via the Exa API.