Daley v. City of Decatur
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Julius Daley brought habeas corpus to be discharged from custody of the chief of police of the City of Decatur, and from an order refusing his discharge he appealed. Motion and not demurrer ig the way to raise questions as to the return. 151 Ala. 656, 53 South. 962. A subsequent term of court cannot impose imprisonment. 43 N. J. Law, 113, 39 Am.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Julius Daley brought habeas corpus to be discharged from custody of the chief of police of the City of Decatur, and from an order refusing his discharge he appealed. Motion and not demurrer ig the way to raise questions as to the return. 151 Ala. 656, 53 South. 962. A subsequent term of court cannot impose imprisonment. 43 N. J. Law, 113, 39 Am. Rep. 547; 151 Ala. 656, 53 South. 962; section 7027, Code 1907. Defendant was entitled to his discharge. 170 Ala. 105, 54 South. 501; 103 Ala. 95, 15 South. 506; 12 Cyc. 783; 12 Cyc. 378; 20…
1Opinion of the CourtBricken, P. J.
This cause was submitted on appeal in the Supreme Court on February 1, 1921, and by that court transferred to the Court of Appeals on April 4, 1921, as here belonging.
On the hearing of a petition to be discharged by the writ of habeas corpus from the custody of the chief of police of the city of Decatur, petitioner was remanded to custody and appeals.
As we gather the facts from the record, petitioner on August 6, 1920, was tried before the mayor, acting as recorder, for the violation of a municipál ordinance defining and denouncing the offense of disorderly conduct. The judgment entry, ‘…
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- Ex Parte ClendenningCourt of Criminal Appeals of Oklahoma · 1908
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