Smith v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Appeal from a judgment and order of the city court of Montgomery on habeas corpus, denying the writ. The facts on which the opinion is rested sufficiently appear therein.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Appeal from a judgment and order of the city court of Montgomery on habeas corpus, denying the writ. The facts on which the opinion is rested sufficiently appear therein. Upon a reversal of the judgment of conviction the defendant should have been returned to the custody of the sheriff of Jefferson county and his confinement in the penitentiary afterwards Avas illegal. — Sec. 4468, Code 1896; White v. The State, 134 Ala. 197. Where a prisoner is unlawfully detained in custody contrary to a legal judgment and sentence, he should…
1Opinion of the Court
SIMPSON, J. —
This is an appeal from the judgment of the city court of Montgomery in a habeas corpus proceeding. The record shows that the appellant (petitioner) was convicted in the criminal court of Jefferson county, May 7, 1904, of the offense of murder in the second degree, and. sentenced to be imprisoned in the penitentiary for 30 years. Said judgment was affirmed by this court on January 9, 1905; but on February 14, 1905, on a rehearing, the judgment of conviction was reversed and the cause remanded. However, when the judgment of conviction was affirmed, the appellant was sent to the…
2Cases cited13 opinions
- Miller v. StateSupreme Court of Alabama · 1895
- Drinkard v. StateSupreme Court of Alabama · 1852
- White v. StateSupreme Court of Alabama · 1901
- Harrall v. StateSupreme Court of Alabama · 1855
- Ex parte HallSupreme Court of Alabama · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1951
- City of Mobile v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1929
- Smith v. StateAlabama Court of Appeals · 1912
- Anderson v. StateSupreme Court of Alabama · 1940
8 more not listed; retrieve them via the Exa API.