O'Neil v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. On May 8, 1902, thei appellant, John O’Neil, through his attorney, filed the petition in'the present suit, addressed to Hon. A. I). Sayre, judge of the city court of Montgomery, in which he averred that he was imprisoned and restrained of his liberty by W. B. Waller, the sheriff of Montgomery connty, on the farm of said Waller, which was about 4 miles from the city of Montgomery; that said…
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. On May 8, 1902, thei appellant, John O’Neil, through his attorney, filed the petition in'the present suit, addressed to Hon. A. I). Sayre, judge of the city court of Montgomery, in which he averred that he was imprisoned and restrained of his liberty by W. B. Waller, the sheriff of Montgomery connty, on the farm of said Waller, which was about 4 miles from the city of Montgomery; that said petitioner had been tried and convicted in the said city court of Montgomery on an indictment charging him with grand larceny;…
1Opinion of the CourtHaralson, J.
It is well understood, that when a party has been convicted and sentenced to hard labor for the county, or to suffer imprisonimeinitl in the penitentiary, a sheriff must not detain him afterwards, in the county jail or elsewhere, for an unreasonable length of time, and that an unreasonable detention, entitles the prisoner to be discharged from the custody of the *192sheriff, but not absolutely as Ave shall see, for a “subsequent act, omission or event.” — Ex parte Goucher, 103 Ala. 305. The sheriff should deliver the convict to the proper authorities after sentence has been passed, as soon as he…
2Cases cited2 opinions
- Ex parte GoucherSupreme Court of Alabama · 1893
- Ex parte KingSupreme Court of Alabama · 1886
3Cited by5 opinions
- Woodson v. StateIndiana Court of Appeals · 1979
- State Ex Rel. Smith v. DOWD, WARDEN, ETC.Indiana Supreme Court · 1955
- Ex parte BettisSupreme Court of Alabama · 1904
- United States v. George Gordon LiddyCourt of Appeals for the D.C. Circuit · 1975
- United States v. George Gordon LiddyCourt of Appeals for the D.C. Circuit · 1975