Legal Opinion
Johnson v. State
Alabama Court of Appeals
Decided June 7, 1921No. 6 Div. 899PublishedCited by 2 opinions
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Petition for habeas corpus by Anthony Johnson. Petition denied, and petitioner appeals. The return of the sheriff shows that petitioner was held under a void warrant, and he is therefore entitled to his discharge. 156 Ala. 188, 47 South. 329; 81 Ala. 108, 2 South. 467 ; 94 Ala. 106, 11 South. 403 ; 30 South. 338; 34 South. 382; 162 Ala. 201, 50 South. 270; section 5, Const. 1901. Error is confessed.
1Opinion of the CourtSamford, J.
[1] The return of the sheriff shows that he is holding the defendant upon an order in words and figures as follows:
“The State of Alabama, Barbour County. “To the Sheriff or any Constable of Said County:
“You are hereby commanded to arrest Anthony Johnson, Jr., and bring him before me, on the 15th day of February next, to answer the state of Alabama on a charge of burglary preferred by E. H. Graves.
“Witness my hand, this 15th day of February, 1921. W. B. Mitchell, J. P.”
This paper was not supported by oath or affirmation, as required by the Constitution, and is therefore void. Section 5, Const,…
2Cited by2 opinions
- State v. FainCourt of Criminal Appeals of Alabama · 1986
- State v. BradleySupreme Court of Alabama · 1964