Ex parte Brown
Supreme Court of Alabama
Application by petition for the writ of habeas corpus, to procure tbe discharge of Samuel Brown from custody and imprisonment by the jailor of Jackson county, under a mittimus, or order of commitment, issued and signed by W. L. Kirkpatrick, a justice of tbe peace of said county.
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Application by petition for the writ of habeas corpus, to procure tbe discharge of Samuel Brown from custody and imprisonment by the jailor of Jackson county, under a mittimus, or order of commitment, issued and signed by W. L. Kirkpatrick, a justice of tbe peace of said county. The petition to tbis court • alleged, tbat the prisoner was wrongfully beld in custody, “ because said justice of tbe peace exceeded Ms jurisdiction as to matter, and his sentence is not in accordance with law, being in excess of what said justice could render;” and a copy of the judgment and sentence of the justice,…
1Opinion of the Court
BRICKELL, 0. J.-
-A prisoner, who, by some court or judge, competent to act in the premises, has, on a proper application, been denied relief on habeas corpus, may in this court renew the application. The jurisdiction this court exercises is revisory and appellate — -not original; and facts which were not before the court or judge hearing the application originally,'can not be here introduced. We do not look, therefore, into the papers attached to the petition to this court, which were not before the judge of probate. — Ex parte Croom & May, 19 Ala. 561.
The constitution confers on the General…
2Cases cited1 opinion
- Ex parte CroomSupreme Court of Alabama · 1851
3Cited by11 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Ex Parte TannerSupreme Court of Alabama · 1929
- Kirby v. StateSupreme Court of Alabama · 1889
- Ex parte RobersonSupreme Court of Alabama · 1898
- Karr v. StateSupreme Court of Alabama · 1893
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