State v. Thomas
Alabama Court of Appeals
Appeal from Mobile Circuit Court, Heard before Hon. Samuel It. Browne. Henry Tliomas was convicted in the inferior criminal court upon a plea of guilty, and judgment entered sentencing him to seven months hard labor. Notice of ap- ' peal was given which was denied by the inferior court on tlie ground that no appeal would lie from a plea of guilty.
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Appeal from Mobile Circuit Court, Heard before Hon. Samuel It. Browne. Henry Tliomas was convicted in the inferior criminal court upon a plea of guilty, and judgment entered sentencing him to seven months hard labor. Notice of ap- ' peal was given which was denied by the inferior court on tlie ground that no appeal would lie from a plea of guilty. He thereupon sued out writ of habeas corpus before the judge of the circuit court of Mobile county, who took him from the custody of the lessees of convicts and remanded him to the sheriff to be held by him in default of bail, and the state appeals.…
1Opinion of the CourtWalker, P. J.
The result of the order made by the circuit judge was to recognize as effective an appeal claimed by the defendant in the inferior court of Mobile county from a judgment of conviction of that court against him. Coupled with the admission made on the hearing that the appeal was duly claimed b}r the defendant, was the further admission that the judgment of conviction was entered on the defendant’s plea of guilty to the complaint against him, and that his right'to appeal was denied in the court which rendered that judgment “upon the ground that there could be no appeal from a plea of guilty.”…
2Cases cited1 opinion
- Lowe v. StateCourt of Appeals of Maryland · 1909
3Cited by4 opinions
- State v. EckertWashington Supreme Court · 1923
- Wright v. City of BessemerSupreme Court of Alabama · 1923
- Puckett v. StateAlabama Court of Appeals · 1931
- Rowell v. StateAlabama Court of Appeals · 1936