Ex parte Thomas
Supreme Court of Alabama
Application for Habeas Corpus. The facts of the case are sufficiently stated in the opinion. Section 4492 of the Code of 1886 is an amendment to section 3789 of the Code of 1886. — Gunter v. State, 83 Ala. 101; Zaner v. State, 90 Ala. 651. In Gandy v. State, 86 Ala. 20, it is held that for a statute to come within the meaning of Article IV, section 2, of the Constitution of Alabama, it need not purport to be an amendment, but its amendatory character must be such that it is…
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Application for Habeas Corpus. The facts of the case are sufficiently stated in the opinion. Section 4492 of the Code of 1886 is an amendment to section 3789 of the Code of 1886. — Gunter v. State, 83 Ala. 101; Zaner v. State, 90 Ala. 651. In Gandy v. State, 86 Ala. 20, it is held that for a statute to come within the meaning of Article IV, section 2, of the Constitution of Alabama, it need not purport to be an amendment, but its amendatory character must be such that it is unintelligible unless considered in connection with the statute it amends. The amenda-tory character of section 4492 is…
1Opinion of the CourtBbickell, C. J.
At the fall term 1896, of the circuit court of the county of Perry, the prisoner was convicted of the offense of grand larceny, and was sentenced to hard labor for the county for a term of twelve months, and, judgment for the costs not having been confessed, to serve an additional period in payment of them. Proceeding on the theory, that the circuit court had not power or jurisdiction, on a conviction of grand larceny, to sentence to hard labor for the county — that it was not a legal punishment for the offense — application was made on habeas corpus, to a judge of the circuit court for the…
2Cases cited7 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Ex parte PollardSupreme Court of Alabama · 1866
- State v. RogersSupreme Court of Alabama · 1894
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Tuskaloosa Bridge Co. v. OlmsteadSupreme Court of Alabama · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- Burns v. StateSupreme Court of Alabama · 1944
- Ex Parte CokerSupreme Court of Alabama · 1991
28 more not listed; retrieve them via the Exa API.