A. C. Brumfield, Jr. v. Honorable W. S. Carrothers, Justice of the Peace, District 5, Sunflower County, Mississippi

With deference to the views of my colleagues, I can not agree that any State remedy is available to this movant to test out the legality of his detention under a judgment of conviction by a Justice of the Peace whose compensation is derived from costs in those cases in which judgments of guilty are entered. It seems to me that the fact that there is a de novo trial upon appeal in the Circuit Court can not give validity to detention in the meantime that is justified solely by the judgment entered by the Justice’s court.

As to the suggestion that a habeas corpus petition might be available in…