State v. Ham

This is an appeal by the state, under the provisions of act of the Legislature of Alabama approved June 16,1927 (Gen. Acts 1927, p. 76), from an order of the circuit judge of the Twenty-First judicial circuit, granting to appellee the writ of habeas corpus discharging him, on his petition, from the custody of the warden of the Alabama State Farm, a part of the penitentiary of Alabama at At-more.

The facts, necessary to our decision, are as follows:

Appellee, Tom Ham, was regularly indicted, jointly with one Matt Smithton, by the grand jury of Perry county, Ala., for the offense of…