Barrett v. State
Alabama Court of Appeals
Appeal from Circuit' Court, Jefferson County; Wm. E. Fort, Judge. Petition by Ollie Barrett, alias Rose, for habeas corpus. From judgment denying the writ, petitioner appeals.
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Appeal from Circuit' Court, Jefferson County; Wm. E. Fort, Judge. Petition by Ollie Barrett, alias Rose, for habeas corpus. From judgment denying the writ, petitioner appeals. Section 23 of the Act creating the Jefferson County Court of Misdemeanors (Local Acts 1919, p. 121) is unconstitutional, and therefore the court was without jurisdiction to suspend the sentence, and, having suspended it, its subsequent action is void, and the petitioner 'was entitled to habeas corpus. 79 South. 316; 53 Mich. 260, 18 N. W. 849; 87 ICan. 740, 125 Pac. 78, 42 L. R. A. (N. S.) 249; 202 111. 287, 67 N. E.…
1Opinion
On Rehearing.
BRICKEN, P. J.
On application for rehearing, the court has reached the conclusion that it was in error in holding on the original submission that the trial court had lost jurisdiction and control as to the judgment of conviction.
[4] The court fell into error by cpnsidering the minute entry suspending the sentence as not being a part of the original judgment of the court, and in treating it as a mere docket entry without the force and effect of a judgment. This entry appears just below the signature of the judge, and is as follows: “12 months suspended pending her good behavior and…
2Cases cited9 opinions
- Daley v. City of DecaturAlabama Court of Appeals · 1921
- Clisby v. StateAlabama Court of Appeals · 1920
- Corporate Authorities of Scottsboro v. JohnstonSupreme Court of Alabama · 1898
- Vinson v. StateAlabama Court of Appeals · 1918
- Ex parte State, in re TateSupreme Court of Alabama · 1884
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