Legal Opinion

Ex Parte Mooneyham

Alabama Court of Appeals

Decided January 30, 1917PublishedCited by 2 opinions

Original petition in Court of Appeals. W. J. Mooneyham was convicted of petit larceny and petitions this court for a writ of error to review the finding of the trial court. The affidavit as originally filed is as follows: Personally appeared R. S. D. Robertson, who, being duly sworn, deposes, and says that on February 12, 1916, in said county, the offense of petty larceny was in the opinion of complainant committed, and W. J. Mooneyham was guilty thereof.

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Original petition in Court of Appeals. W. J. Mooneyham was convicted of petit larceny and petitions this court for a writ of error to review the finding of the trial court. The affidavit as originally filed is as follows: Personally appeared R. S. D. Robertson, who, being duly sworn, deposes, and says that on February 12, 1916, in said county, the offense of petty larceny was in the opinion of complainant committed, and W. J. Mooneyham was guilty thereof. This was amended as follows: That R. S. D. Robertson has probable cause for believing and does believe that the offense of petty larceny…

1Opinion of the CourtPelham, P. J.

This court, on August 81, 1916, granted the prayer of the petitioner, W. J. Mooneyham, for a writ of error and awarded the writ in compliance with the prayer of the petitioner, ordering the clerk of the county court of Cullman county to certify to this court a transcript of the record and proceedings in a case in that court wherein the petitioner was, on the 26th day of July, 1916, convicted of the offense of petit larceny and sentenced to imprisonment in the county jail; the petition setting out matters of error of law alleged to have occurred in the conviction of petitioner apparent on the…

2Cases cited3 opinions

  1. Moss v. StateSupreme Court of Alabama · 1868
  2. Dunklin v. StateSupreme Court of Alabama · 1901
  3. McGee v. StateSupreme Court of Alabama · 1896

3Cited by2 opinions

  1. Nailer v. StateAlabama Court of Appeals · 1921
  2. Ex Parte KelleyAlabama Court of Appeals · 1941

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