Ex parte State
Supreme Court of Alabama
Application in the name of the State, on the relation of the Attorney-General, for a writ of prohibition to Hon. F. O. Bandolph, judge of the Probate Court of Montgomery, for the purpose of reviewing and quashing certain proceedings had before him on the petition of Joe Long, who was discharged from custody on a hearing on habeas corpus.
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Application in the name of the State, on the relation of the Attorney-General, for a writ of prohibition to Hon. F. O. Bandolph, judge of the Probate Court of Montgomery, for the purpose of reviewing and quashing certain proceedings had before him on the petition of Joe Long, who was discharged from custody on a hearing on habeas corpus. Said Long was convicted of vagrancy before B. H. Screws, a justice of the peace, and fined $20; and the justice’s mittiimis to the jailor directed him to take said Long into custody, “in default of payment of said fine, and costs amounting to $18.25, and…
1DissentClopton, J.
My convictions constrain me to dissent from the conclusion to recede from the construction of the statutes announced in the opinion delivered in the first instance. The reasons for the construction then given are fully stated therein, and I do not propose to repeat or elaborate them. In Williams v. State, 55 Ala. 166, the rule, that the different sections of a Code, relating to the same subject, should be construed in reference to each other, and as the several sections of a single statute, was held inapplicable, on the ground stated in the opinion then rendered as follows: “It is well known…
2Cases cited1 opinion
- Williams v. StateSupreme Court of Alabama · 1876