Moore v. City of Birmingham
Alabama Court of Appeals
Hateas Corpus. Appeal from Birmingham City Court. Heard before Hon. John H: Miller. M. L. Moore was convicted of violating an ordinance of the city of Birmingham and appealed to the criminal court of Jefferson county, and it forfeited his bond for non-appearance, and then issued a warrant for his arrest, and he petitions by habeas corpus for his discharge. From a judgment denying the petition, he appeals.
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Hateas Corpus. Appeal from Birmingham City Court. Heard before Hon. John H: Miller. M. L. Moore was convicted of violating an ordinance of the city of Birmingham and appealed to the criminal court of Jefferson county, and it forfeited his bond for non-appearance, and then issued a warrant for his arrest, and he petitions by habeas corpus for his discharge. From a judgment denying the petition, he appeals. Habeas corpus is the proper remedy to test the validity of the imprisonment. —Ex parte Reynolds, 87 Ala. 138; Sections 7007 and 7033, Code 1907. The prosecution for the violation of a…
1Opinion of the Court
PÉLHAM, P. J.
The question presented on this appeal is whether a defendant convicted in the recorder’s court of the municipality of the city of Birmingham for violating a municipal ordinance who takes an appeal to the criminal court of Jefferson county, and perfects his appeal by making a bond, and then makes default and fails to appear in the criminal court, can, after his bond has been forfeited, be arrested on a writ of arrest issued *621out of the said criminal court to which the appeal was taken.
The facts presented by the petition in the habeas corpus proceedings before us on the record in…
2Cases cited1 opinion
- State ex rel. City of Birmingham v. FortAlabama Court of Appeals · 1915
3Cited by3 opinions
- Moore v. City of BirminghamSupreme Court of Alabama · 1915
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927