Ex parte Roberson

• Court: Alabama Supreme Court
• Writing for the Court: SHARPE, J.
• Citation: Ex parte Roberson, 26 So. 645, 123 Ala. 103 (Ala. 1899)
• Decision Date: 30 June 1899
• Parties: EX PARTE ROBERSON.

26 So. 645

123 Ala. 103

EX PARTE ROBERSON.

Supreme Court of Alabama

June 30, 1899

Luther Roberson filed his petition averring that he was unlawfully confined in the county jail of Cullman county, and illegally restrained of his liberties, by virtue of a void and illegal judgment rendered against him in a case in which he was prosecuted under an indictment for grand larceny. The prayer of the petition was that a writ of habeas corpus be issued and that the petitioner be discharged. The judgment of the circuit court of Cullman county was made an exhibit to the petition, and the facts in reference thereto are sufficiently shown in the opinion. Denied.

J. J Curtis and F. E. St. John, for petitioner.

Charles G. Brown, Atty. Gen., for the State.

SHARPE J.

The transcript made part of this petition shows that the petitioner was convicted in the circuit court of Cullman county upon an indictment for grand larceny, and that upon the verdict judgment was rendered "that the defendant be, and he hereby is, sentenced to be confined in the state penitentiary for a term of twenty-five months as a punishment for said offense." Though it does omit to expressly adjudge the defendant's guilt, the judgment sentencing the defendant to the penitentiary sufficiently implies the judgment of guilt, and is a judgment of...