Smotherman v. State
Supreme Court of Alabama
Appeal from tlie Criminal Court of Jefferson. Tried before the Hon. Daniel A: Greene. John Smotlierman was arrested by a police officer in the city of Birmingham, and incarcerated in the city prison. Thereupon he sued out a writ of habeas corpus before the judge of the criminal court of Jefferson county, asking for his discharge from custody.
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Appeal from tlie Criminal Court of Jefferson. Tried before the Hon. Daniel A: Greene. John Smotlierman was arrested by a police officer in the city of Birmingham, and incarcerated in the city prison. Thereupon he sued out a writ of habeas corpus before the judge of the criminal court of Jefferson county, asking for his discharge from custody. The return of the warden of the city prison, in answer to the writ, showed that the petitioner was held by him under an affidavit and warrant made before and issued by a justice of the peace in Shelby county, charging said Smotlierman with grand larceny,…
1Opinion of the CourtMcCLELLAN, C. J.
The granting of writs of error is authorized and regulated by sections 4327-4332 of the Code. The writ can only be awarded on a judgment rendered by a court in a criminal case and for some error of law apparent on the record of the primary court. — Code, § 4327.
The order made by the judge of the criminal court of Jefferson county denying petitioner’s prayer for discharge on habeas corpus is not a judgment of the city court in a criminal case within the terms of this statute, nor are the proceedings in such case shown of record in that court.
The petition now before us, therefore, presents no…
2Cases cited3 opinions
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Floyd v. StateSupreme Court of Alabama · 1886
- State v. DooleySupreme Court of Missouri · 1894
3Cited by12 opinions
- Sanders v. DavisSupreme Court of Alabama · 1907
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Woods v. StateSupreme Court of Alabama · 1956
- Ex Parte WilsonSupreme Court of Alabama · 1963
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