Davis v. State
| Decision Date | 14 July 1907 |
| Citation | 45 So. 154,153 Ala. 73 |
| Parties | DAVIS v. STATE. |
| Court | Alabama Supreme Court |
Rehearing Denied Dec. 19, 1907.
Appeal from Probate Court, Perry County; J. B. Shivers, Judge.
Application by Grant Davis for writ of habeas corpus. From a judgment denying the writ, applicant appeals. Affirmed.
The information alleges that Grant Davis was detained by a certain corporation under and by virtue of the contract made with him by Perry county to work the convicts of said county sentenced to hard labor; that Davis was detained under a judgment and sentence rendered and imposed upon him by one J S. Taylor, a justice of the peace, upon a verdict of guilt of the offense of obtaining money under false pretense; that said judgment and sentence was void because the value of the property alleged to have been obtained by false pretense was in excess of $10 and shown to be so in excess of said sum on the trial of said cause before said justice of the peace. The judgment is not attached, because it is alleged that the same was not in writing; but a paper is attached which is a memorandum made by the justice at the trial. Demurrers were interposed to the petition as follows:
De Graffinried & Evins and Thomas E. Knight, for appellant.
Alexander M. Garber, for the State.
There was nothing in the proceedings or judgment of conviction to show that they were void. The proceedings before the justice of the peace could not be collaterally attacked in the manner here attempted. The trial was had...
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