Ex parte State
Supreme Court of Alabama
Application in the name of the State, on the relation of the Attorney-General, for a writ of prohibition to Hon. F. O. Bandolph, judge of the Probate Court of Montgomery, for the purpose of reviewing and quashing certain proceedings had before him on the petition of Joe Long, who was discharged from custody on a hearing on habeas corpus.
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Application in the name of the State, on the relation of the Attorney-General, for a writ of prohibition to Hon. F. O. Bandolph, judge of the Probate Court of Montgomery, for the purpose of reviewing and quashing certain proceedings had before him on the petition of Joe Long, who was discharged from custody on a hearing on habeas corpus. Said Long was convicted of vagrancy before B. H. Screws, a justice of the peace, and fined $20; and the justice’s mittiimis to the jailor directed him to take said Long into custody, “in default of payment of said fine, and costs amounting to $18.25, and…
1Opinion
[On application for rehearing].
McCLELLAN, J.
The Penal Code prepared by Stone and Shepherd was adopted by an act of February 23, 1866. Acts 1865-6, pp. 121-124.
Section 213 of that Code was carried without amendment, in any particular, into all subsequent Codes, and is found at section 3760 Revised Code of 1867; at 4455, Code of 1876; and at section 4503, Code of 1886.
Section 511 of the Penal Code of 1866 read as follows: “If, on conviction before the County, Circuit or City Court, judgment is rendered against the accused, that he perform hard labor for the county, and if the costs are not…
2Cases cited4 opinions
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- O'Byrnes v. StateSupreme Court of Alabama · 1874
- Ex parte MatthewsSupreme Court of Alabama · 1875
- Williams v. StateSupreme Court of Alabama · 1876