Legal Opinion

Smith v. State

Alabama Court of Appeals

Decided January 30, 1912PublishedCited by 5 opinions

Appeal from Barbour Circuit Court.. Heard before Hon. A. H. Alston. Elisha,Smith brought habeas corpus to obtain his discharge. From an order dismissing the petition and remanding petitioner to the custody of the sheriff to he forthwith delivered to the proper authorities of the convict department, he appeals.

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Appeal from Barbour Circuit Court.. Heard before Hon. A. H. Alston. Elisha,Smith brought habeas corpus to obtain his discharge. From an order dismissing the petition and remanding petitioner to the custody of the sheriff to he forthwith delivered to the proper authorities of the convict department, he appeals. A general verdict of guilt is not sufficient to support a verdict of guilty in this case. — Storey v. The State, 71 Ala. 429; Zahner v. The State, 90 Ala. 651; Ex parte Espolia, 109 Ala. 92; Section 7315, Code 1907. If the verdict was good the judgment was defective, as it failed to…

1Opinion of the CourtPelham, J.

The appellant, Avhile confined .in. the county jail of. Barbour county,-held under .a. sentence of the circuit court, prosecuted a Avrit of habeas corpus, *212alleging that he was illegally confined or imprisoned, because the judgment of the court was void, and also for that there had been an unreasonable delay in keeping him confined in the county jail after he had been sentenced to serve a term of imprisonment at hard labor in the penitentiary of the State.

The appellant argues that the indictment under which he was tried and convicted charges no offense known to the laws of the State of…

2Cases cited17 opinions

  1. Gordon v. StateSupreme Court of Alabama · 1882
  2. Ex parte KnightSupreme Court of Alabama · 1878
  3. Ex parte BizzellSupreme Court of Alabama · 1895
  4. Bray v. StateSupreme Court of Alabama · 1903
  5. Shirley v. StateSupreme Court of Alabama · 1906

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Peterson v. StateAlabama Court of Appeals · 1921
  2. Pugh v. PughAlabama Court of Appeals · 1926
  3. Franklin v. StateAlabama Court of Appeals · 1914
  4. Davis v. HardwickAlabama Court of Appeals · 1959
  5. Ex parte LimbaughCourt of Criminal Appeals of Alabama · 1969

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