Ex parte Carpenter

HARWOOD, Justice.

Delmar E. Carpenter, a convict in Kilby Prison, has filed a petition in this court *398which he entitles “A Petition' for a Writ of Habeas Corpus.” This petition does partake largely of a petition for habeas corpus though in his prayer he seeks relief which could be deemed in the nature of a petition for a writ of mandamus.

The Attorney General has filed a motion to strike the petition, and takes the view that it is an original petition for habeas corpus. Certainly, there are many reasons why the Attorney General should hold this view. If the petition be considered as an original…