State v. Johns

TYSON,' J.-

The appeal in this case is by the solicitor from an order of the judge of probate discharging the petitioner on writ of habeas corpus, on the ground that the indictment for which the warrant for his arrest was issued charges no offense known to the law.

The indictment and warrant are- both shown in the return of the sheriff in answer to the mandate issued upon the petition.

The indictment simply charges that the petitioner, a man, did live with Mollie Sorrell, a woman, against the peace and dignity of the State of Alabama. Clearly, no offense against the law is here charged.

“A court…