Legal Opinion

Flowers v. State

Alabama Court of Appeals

Decided June 19, 1912PublishedCited by 4 opinions

Appeal, from Pike Probate Court. Heard before Hon. Alex C. Edmundson. Petition by Ben Flowers, on habeas corpus to be discharged from custody. From an order denying the writ, petitioner appeals. The- rule is that where the evidence discloses a felony has been committed, the justice or recorder trying the case should commit the defendant to answer to the next term of the circuit or city court, and hence, the judgment here rendered ivas void. — Acts 1907, p. 825; 2 Ala.

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Appeal, from Pike Probate Court. Heard before Hon. Alex C. Edmundson. Petition by Ben Flowers, on habeas corpus to be discharged from custody. From an order denying the writ, petitioner appeals. The- rule is that where the evidence discloses a felony has been committed, the justice or recorder trying the case should commit the defendant to answer to the next term of the circuit or city court, and hence, the judgment here rendered ivas void. — Acts 1907, p. 825; 2 Ala. App. 116. The sentence was void. — Adams v. City of Troy, 1 Ala. App. 551; Sections 1216 and 1218, Code 1907. The writ of…

1Opinion of the Court

de GRAFFENRIED, J.

A writ of habeas corpus cannot be made a substitutes) for an appeal or writ of error.—Ex parte Haley, 1 Ala. App. 528, 56 South. 215.

The petitioner was charged with a violation of an ordinance of the city of Troy,-, the' specific offense with which he was charged being petit larceny, which, by an ordinance, is made an .offense against-the city. He was fined’$15 and costs, and as additional' punishment was *223sentenced to hard labor upon the streets of the city. The judgment was irregular in that the defendant, not having paid the fine and costs, should have been sentenced to…

2Cases cited8 opinions

  1. Woodson v. StateSupreme Court of Alabama · 1910
  2. Kirby v. StateSupreme Court of Alabama · 1878
  3. Ex parte PearceSupreme Court of Alabama · 1895
  4. Ex parte StateSupreme Court of Alabama · 1882
  5. Birmingham Railway Light & Power Co. v. LeeSupreme Court of Alabama · 1907

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

3Cited by4 opinions

  1. Howard v. City of BessemerAlabama Court of Appeals · 1959
  2. Hardeman v. StateAlabama Court of Appeals · 1924
  3. Tanner v. StateAlabama Court of Appeals · 1929
  4. Trammell v. StateAlabama Court of Appeals · 1945

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