Argo v. State
| Decision Date | 30 June 1961 |
| Docket Number | 3 Div. 78 |
| Citation | 41 Ala.App. 347,133 So.2d 201 |
| Parties | James ARGO v. STATE. |
| Court | Alabama Court of Appeals |
James Argo, pro se.
MacDonald Gallion, Atty. Gen., and Dwight W. Bradley, Asst. Atty. Gen., for the State.
This is an appeal from a judgment denying appellant's release in a habeas corpus proceeding.
On the 27th day of March, 1961, the appellant, Jimmy Argo, filed a petition for a writ of habeas corpus in the Circuit Court of Montgomery County, and on the same day the writ was issued by the Honorable Eugene W. Carter, directed to A. Frank Lee, as Commissioner of the Board of Corrections of the State of Alabama, and Martin J. Wiman, as Warden of Kilby Prison, commanding them to have the body of petitioner together with the cause of his detention, before him on the 29th day of March, 1961.
The return to the writ sets out that the prisoner was confined to the state penitentiary by virtue of a judgment and sentence of the Circuit Court of Jefferson County, Alabama, of date March 18, 1960. A copy of the indictment and of the judgment and sentence of the circuit court appear as exhibits to the return to the writ.
The indictment, in two counts, charges petitioner with the offenses of grand larceny and buying, receiving or concealing stolen property. The indictment is regular in all respects and is sufficient.
The judgment of the Circuit Court of Jefferson County is, in pertinent part, as follows:
'This the 16th day of March, 1960, came Emmett Perry, Solicitor, who prosecutes for the State of Alabama and also came the defendant in his own proper person and by attorney, and the defendant being present in open court and the case being ready and defendant's attorney, Arthur Parker, not being here fifty minutes after Court began at 9:00 A.M., as announced, it is ordered by the Court that Hon. C. E. Huey, a duly licensed and practicing attorney of Jefferson County, Alabama be appointed to represent the defendant.
'And on this the 17th day of March, 1960, defendant being duly arraigned upon the indictment in this cause, for his plea thereto says that he is not guilty, and issue being joined on said plea, thereupon came a jury of good and lawful men, to-wit: R. B. Reid and eleven others, who being empanelled and sworn according to law, before whom the trial of this cause was entered upon and continued from day to day, and from time to time, said defendant being in open Court at each and every stage and during all the proceedings in this cause; at 2:20 P.M., Arthur Parker, attorney, appeared and joined in defense of defendant to conclusion; now on this the 17th day of March, 1960, said jurors upon their oaths do say: 'We the jury find the defendant guilty as charged in the indictment and fix the value of the stolen property at $2500.00.''
The defendant was sentenced to imprisonment in the penitentiary for a term of six years.
An appeal was taken to this court from said judgment, on the record proper, and the cause was affirmed without an opinion on May 31, 1960.
A...
To continue reading
Request your trial
-
Argo v. Wiman
...Alabama, which petition was denied. An appeal from this denial resulted in an affirmance dated June 30, 1961 and reported in Ala.App., 133 So.2d 201. An application for certiorari to the Supreme Court of Alabama was denied September, 1961, 272 Ala. 699, 133 So.2d 203. An application for wri......
-
Wiman v. Argo
...Alabama, which petition was denied. An appeal from this denial resulted in an affirmance dated June 30, 1961 and reported in Ala.App., 133 So.2d 201. An application for certiorari to the Supreme Court of Alabama was denied September, 1961, 272 Ala. 699, 133 So.2d 203. An application for wri......
-
State v. McCurley
...State v. Baker, 268 Ala. 410, 108 So.2d 361 (1959); Hable v. State, 41 Ala.App. 398, 132 So.2d 271 (1961); Argo v. State, 41 Ala.App. 347, 133 So.2d 201 (1961). Habeas corpus will lie where the invalidity of the prior court judgment shows on its face some fundamental illegality. Thomas v. S......
-
Hobson v. State, 2 Div. 319
...of counsel nor the claimed involuntariness of a guilty plea entitles a petitioner to habeas corpus relief. See Argo v. State, 41 Ala.App. 347, 133 So.2d 201, cert. denied, 272 Ala. 699, 133 So.2d 203 (1961); Ala.Code § 15-21-24 In our judgment, appellant's coram nobis petitions were also pr......