Legal Opinion · Dissent

Davis v. Hardwick

Alabama Court of Appeals

Decided January 20, 1959No. 4 Div. 385Published

1DissentCates, Judge

Davis has asked us to award a writ of mandamus to command the respondent to set aside an order which he made in the Houston Circuit Court September 30, 1958, which reads:

“There being before the Court motion by defendant for a rehearing on Defendant’s application for probation and the motion on the part of the Solicitor to strike the same, and the Court having heard the arguments and upon consideration of the same the Court finds:
“That it is without authority to grant a rehearing of Defendant’s application for that the defendant commenced the execution of his sentence when the application fox…

2Cases cited11 opinions

  1. Oxman v. United StatesCourt of Appeals for the Eighth Circuit · 1945
  2. People Ex Rel. Woodin v. OttawayNew York Court of Appeals · 1928
  3. Kirby v. StateSupreme Court of Alabama · 1878
  4. Davis v. McCollochSupreme Court of Alabama · 1914
  5. Stephenson v. MansonySupreme Court of Alabama · 1842

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