State v. Rogers

RICE, Judge.

This is an appeal by the State of Alabama from an order made by Hon. S. P. Poyner, Judge of the Probate Court of Houston County, on March 17, 1942, discharging from custody the appellee, Joe Rogers, alias Joe Smith, in a'habeas corpus proceeding. From the order aforesaid, and the certificate of the judge on page 8 of the transcript filed in this Court, upon the appeal, it appears that the hearing was upon appellee’s petition and the return of the Sheriff of Houston County thereto, to which was attached a warrant issued, by Hon. Frank M. Dixon, Governor of Alabama, on February 26,…