Legal Opinion

Ex parte Washington

Alabama Court of Appeals

Decided May 13, 1915PublishedCited by 2 opinions

Violating Municipal Ordinaoice. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Mandy Washington was convicted for violating an ordinance of the city of Tuscaloosa, the trial being had before one Traweek, temporarily appointed recorder of the .city, and she brings habeas corpus alleging want of authority in said Traweek to render the judgment of conviction and impose the sentence. From an order declining to discharge her-, she appeals.

1Opinion of the Court

THOMAS, J.(1) The appeal is from an order of the judge of the Tuscaloosa county court declining to discharge the petitioner, appellant, on habeas corpus. Her alleged right to a discharge was predicated in the petition upon the. ground that the judgment of conviction under which she was restrained of her liberty was null and void, in that P. B. Traweek, who rendered the judgment, while acting as recorder of the city of Tuscaloosa in a case wherein he was trying the petitioner for the violation of a municipal ordinance, “was,” in the language of the petition, “wholly without power or authority…

2Cases cited10 opinions

  1. Ex parte CowertSupreme Court of Alabama · 1890
  2. Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1904
  3. Roberts v. StateSupreme Court of Alabama · 1899
  4. Lane v. City of TuscaloosaAlabama Court of Appeals · 1914
  5. Ex parte SikesSupreme Court of Alabama · 1893

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3Cited by2 opinions

  1. Stout v. StateAlabama Court of Appeals · 1916
  2. Williams v. City of BirminghamAlabama Court of Appeals · 1961

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