Watkins v. Simmons

Joe Simmons filed a petition for habeas corpus, alleging that Ben T. Watkins, chief of police, and Theodore W. Ellis Jr., superintendent of streets, and others were illegally restraining him of his liberty, in that he was convicted under a void ordinance passed by the Mayor and Council of the City of Macon, and that he was sentenced to the city stockade, where he was forced to work out his sentence. He contends that the ordinance under which he was convicted was void for certain reasons stated. The respondents contend that the ordinance is valid, and that the conviction and sentence under the…