Ex parte Gayles
Supreme Court of Alabama
The petitioner was arrested and tried before the may- or of the city of Mobile upon affidavit, charging him with an assault and battery. Upon trial he was convicted, and judgment was made as set out in the opinion. Under a mittimus issued on that judgment, he was held in the jail of Mobile county. He brings this petition to be discharged therefrom. . No brief on file, for, petitioner.,
1Opinion of the CourtHara.lsqn, J.
Proceedings before "justices of .the ’ *515peace, are not held to the same strictness that is applied to proceedings before courts of record of higher jnrisd'iction. ' The judgment of the jus Dice is, “On hearing the evidence, the court is satisfied as to the guilt of defendant, and awards the following punishmmt, — that he be imprisoned in the county jail of Mobile county for six months.” This, though a loose and informal judgment, is not on that account subject to revision on habeas corpus— Ex parte Sam, 51 Ala. 34 ; Kirby v. The State, 62 Ala. 55.
2. The more serious question presented for…
2Cases cited4 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Kirby v. StateSupreme Court of Alabama · 1878
- Ex parte SamSupreme Court of Alabama · 1874
3Cited by13 opinions
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
- Ham v. State ex rel. BuckSupreme Court of Alabama · 1908
- State v. Southern Railway Co.Supreme Court of Alabama · 1896
- City of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1899
- Darrington v. StateSupreme Court of Alabama · 1909
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