State v. Thurman
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County ; B. K. McMorris, Judge. Habeas corpus proceedings by Tom Thurman to secure his discharge from the penitentiary where he was serving sentence of life imprisonment, after cpnviction of murder in the first degree. Prom an order granting the writ, and discharging the petitioner, the State appeals.
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Appeal from Circuit Court, Elmore County ; B. K. McMorris, Judge. Habeas corpus proceedings by Tom Thurman to secure his discharge from the penitentiary where he was serving sentence of life imprisonment, after cpnviction of murder in the first degree. Prom an order granting the writ, and discharging the petitioner, the State appeals. After admitting that the trial and conviction was void, and making an analysis of the various authorities cited by petitioner, counsel 'insist that a discontinuance has not resulted; that the original indictment is valid, and stands against the defendant on…
1Opinion of the Court
The petitioner, Tom Thurman, was indicted at a special or adjourned term of the circuit court of Elmore county held November 16, 1903, on a charge of murder in the first degree, and at what purported to be a regular term of the circuit court of Elmore county held March 9, 1904, defendant was put upon his trial, was convicted of murder in the first degree, and sentenced to life imprisonment in the penitentiary of the state, where he has since been confined, until the suing out of this writ. The judge of the nineteenth judicial circuit, before whom the petition was heard, granted the writ and…
2Cases cited17 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Ex parte BizzellSupreme Court of Alabama · 1895
- Garlick v. DunnSupreme Court of Alabama · 1868
- White v. StateSupreme Court of Alabama · 1901
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1904
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3Cited by15 opinions
- Polytinsky v. JohnstonSupreme Court of Alabama · 1924
- Rice v. StateCourt of Criminal Appeals of Alabama · 1984
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Ex Parte RockholtSupreme Court of Alabama · 1960
- Ex Parte ThomasSupreme Court of Alabama · 1960
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