Ex parte Roberson
| Decision Date | 30 June 1899 |
| Citation | 123 Ala. 103,26 So. 645 |
| Parties | EX PARTE ROBERSON. |
| Court | Alabama Supreme Court |
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.
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 conviction which would even support an appeal. The question has been expressly decided in Wilkinson v. State, 106 Ala. 28, 17 So. 458, and again in Driggers v. State (at present term) 26 So. 512. To warrant his discharge upon habeas corpus, the proceedings under which the petitioner is held must be illegal. Ex parte Simmons, 62 Ala. 416; Ex parte Brown, 63 Ala. 187. The defendant being legally held in custody under proceedings in a court having jurisdiction of his person, and of the offense with which he was charged and has been convicted, the circuit judge properly refused to issue the writ, and here, also, it will be denied.
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Hardaman v. State
...incarceration; and, if there was no other error in the record, the judgment would have to be reversed for this reason. Roberson v. State, 123 Ala. 55, 26 So. 645. For errors pointed out, the judgment is reversed, and the cause is remanded. Reversed and remanded. On Rehearing. In the applica......
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Shirley v. State
... ... this court that this sufficiently implies the judgment of ... guilt and is a judgment of conviction which will support an ... appeal. Ex parte Roberson, 123 Ala. 103, 26 So. 645, 82 Am ... St. Rep. 107; Talbert's Case, 140 Ala. 96, 37 So. 78; ... Driggers' Case, 123 Ala. 46, 26 So. 512; ... ...
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Elliott v. State, 7 Div. 765
...written by Justice Anderson, with concurrences on the part of Justices McClellan, Mayfield and Sayre. See, also, Ex parte Roberson, 123 Ala. 103, 26 So. 645, 82 Am.St.Rep. 107; Shirley v. State, 144 Ala. 35, 40 So. 269(1); Talbert v. State, 140 Ala. 96, 37 So. 78; Driggers v. State, 123 Ala......
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Poellnitz v. State
...State, 19 Ala.App. 403, 94 So. 681; Shirley v. State, 144 Ala. 35, 40 So. 269; Talbert v. State, 140 Ala. 96, 37 So. 78; Ex parte Roberson, 123 Ala. 103, 26 So. 645. On the authority of the cases cited, we hold the judgment to be sufficient to support appellant's No error appearing in the r......