Ex parte Roberson
Supreme Court of Alabama
Luther Roberson filed his petition in this court, averring that he Avas unlawfully confined in the county jail of Cullman county, and illegally restrained of his liberties, by virtue of a void and illegal judgment rendered against him in a case in Avhich he was prosecuted under an indictment for grand larceny. • The prayer of the petition was that a writ of habeas corpus he issued and that the petitioner be discharged.
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Luther Roberson filed his petition in this court, averring that he Avas unlawfully confined in the county jail of Cullman county, and illegally restrained of his liberties, by virtue of a void and illegal judgment rendered against him in a case in Avhich he was prosecuted under an indictment for grand larceny. • The prayer of the petition was that a writ of habeas corpus he issued and that the petitioner be discharged. The judgment of the circuit court of Cullman county was made an exhibit to the petition, and the facts in reference thereto are sufficiently shown in the opinion. cited Ayers…
1Opinion of the CourtSharpe, J.
The transcript made part of this petition shows that the petitioner was convicted in the circuit court of Cullman county upon an indictment for grand larceny, and that upon the verdict .judgment ivas rendered “that the defendant be and he [hereby is sentenced to be confined in the State penitentiary for a term of twenty-five months as a punishment for said offense.”
Though it does omit to expressly adjudge the defendant’s guilt, the judgment sentencing the defendant to the penitentiary sufficiently implies the judgment of guilt and is a judgment of conviction which would ei^en support an…
2Cases cited3 opinions
- Wilkinson v. StateSupreme Court of Alabama · 1894
- Ex parte SimmonsSupreme Court of Alabama · 1878
- Ex parte BrownSupreme Court of Alabama · 1879
3Cited by26 opinions
- Shirley v. StateSupreme Court of Alabama · 1906
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1907
- Talbert v. StateSupreme Court of Alabama · 1903
- Ex Parte State Ex Rel. KnightSupreme Court of Alabama · 1934
- Poellnitz v. StateCourt of Criminal Appeals of Alabama · 1972
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