Howard v. State

BOWEN, Judge.

The petitioner, an inmate of the Draper Correctional Center in Elmore County, filed a petition for writ of habeas corpus alleging that his sentence of sixteen years’ imprisonment for a conviction under an indictment charging the unlawful sale of marijuana is excessive and illegal in that it exceeds the statutory limitations.

Habeas corpus is the proper writ in which to raise the court’s excess of jurisdiction. Alabama Code 1975, Section 15-21-24.

Alabama Code 1975, Section 20-2-70 provides a sentence of imprisonment of “not less than two nor more than fifteen years” for the sale of…