Robinson v. State

CATES, Judge.

This is an appeal from denial of a petition for habeas corpus to examine the cause of petitioners’ detention on a contempt citation for breach of an injunction against lying down in the streets of Gadsden and .other obstructive acts.

I

In habeas corpus appeals, Code 1940, T. 15, § 369(d), amended, dispenses with the need for a bill of exceptions or assignments of error. Nor is a brief required. Alexander v. State, 41 Ala.App. 684, 149 So.2d 467.

Although the transcript was filed late, the Attorney General, by not citing tardiness, has waived this ground of dismissal. Smith v.…