Grissett v. City of Birmingham, 6 Div. 200.

• Decision Date: 22 February 1938
• Docket Number: 6 Div. 200.
• Parties: GRISSETT v. CITY OF BIRMINGHAM.
• Court: Alabama Court of Appeals

181 So. 302

28 Ala.App. 138

GRISSETT v. CITY OF BIRMINGHAM.

6 Div. 200.

Court of Appeals of Alabama

February 22, 1938

Rehearing Denied March 22, 1938.

Appeal from Circuit Court, Jefferson County; Leigh M. Clark, Judge.

Petition by Gillis Grissett for a writ of habeas corpus directed to Earl Wilson, warden of the city jail of the City of Birmingham, to be discharged from custody. From a judgment denying the writ, petitioner appeals.

Affirmed.

Certiorari denied by Supreme Court in Grissett v. City of Birmingham (6 Div. 321) 181 So. 306.

E. M. Thomas, of Birmingham, for appellant.

John S Foster, of Birmingham, for appellant.

SAMFORD Judge.

According to the return of the warden of the city jail of Birmingham Ala., in response to a writ of habeas corpus issued by one of the judges of the circuit court of the Tenth judicial circuit wherein petitioner prays for a discharge from custody, it appears by the return of the warden of the city jail of the City of Birmingham that the petitioner is being held under commitments issued to him by the recorder of the City of Birmingham, in words and figures as follows, to wit:

Jail Docket 9058

"Docket 42593 B Case 2 --

Date of

Conv. 5-7-1937

Date of Exp. 8-15-1938 I here certify that

Name Gillis Grissett

Color B Sex M Age 40

Address 123 So. 64th St.

Charged with Dis. Con. Agg- and Resisting Arrest was this day fined as follows:

Amount of fine ..................... $50.00

Amount of City Costs ................. 3.00

______

(See 42592 B) .. $53.00

Extra Days ............ 180

Total Days Sentenced .. 233

Officers D. S. Jones & A. C. Meadows DUW

Clerk"

"Docket 42592 B Jail Docket 9058

Case 1 --

Date of

Conv. 5-7-37

Date of Exp. 12-25-1937 I here certify that

Name Gillis Grissett

Color B Sex M Age 40

Address 123 So. 64th St.

Charged with Vio. State Firearms Act was this day fined as follows:

Amount of fine ..................... $50.00

Amount of City Costs ................. 3.00

______

(See 42593 B) .. $53.00

Extra Days ............ 180

Total Days Sentenced .. 233

Officers D. S. Jones, A. C. Meadows "DUW

"Clerk"

"Said commitment papers were issued and based upon the following judgments:

No. City of Birmingham Color and Age Charge Arresting Officer

vs.

B

42592 Gillis Grissett Black Male Vio State Jones & Meadows

Firearms Act

"Continued to 5-7-37 comes the defendant, in his own proper person. Defendant pleads not guilty. On hearing the evidence, the Court is of the opinion that defendant is guilty as charged in Count One. It is ordered and adjudged by the Court that the defendant is guilty, and is fine $50 and $3 cost, and is sentenced to 180 days extra at hard labor for the City of Birmingham. The Fine and costs not being presently paid, or judgment confessed therefor as provided by law, defendant is sentenced to be imprisoned at hard labor for the City of Birmingham 50 days to pay fine 183 days to pay costs.

"Henry J. Martin

"Recorder of the City of Birmingham

No. City of Birmingham vs. Color and Age Charge Arresting Officer

B

42593 Gillis Grissett Black Male 1. Dis. Con. Jones &

2. Res. Arrest Meadows

"Continued to 5-7-37 comes the defendant, in his own proper person. Defendant pleads not guilty. On hearing the evidence, the Court is of the opinion that defendant is guilty as charged in Count One. It is ordered and adjudged by the Court that the defendant is guilty, and is fined $50 and $3 cost, and is sentenced to 180 days extra at hard labor for the City of Birmingham. The fine and costs not being presently paid, or judgment confessed therefor as provided by law, defendant is sentenced to be imprisoned at hard labor for the City of Birmingham 50 days to pay fine 183 days to pay costs.

"Henry J. Martin

"Recorder of the City of Birmingham

"I, D. U. Williams, Clerk of the Recorder's Court of the City of Birmingham, do certify that the above is a true and correct copy of the judgment as it appears on the Judge's Docket of the Recorder's Court of the City of Birmingham.

"D. U. Williams

"Clerk of the Recorder's."

"The said Earl Wilson further shows and represents to Your Honor that the said Gillis Grissett has defaulted in the payment of the fine imposed upon him in each of the above cases, that is, 42592B and 42593B."

On the trial of the cause before the circuit judge there was introduced in evidence section 4905 of the Birmingham City Code of 1930, which reads as follows: "All acts or omissions which are misdemeanors under the laws of the State of Alabama, are hereby declared to be offenses against the ordinances and laws of the City of Birmingham, and any person, firm or corporation committing any such offense within the corporate limits of said city or the police jurisdiction thereof, shall, upon conviction be punished as provided in this Code."

Also, section 4906 of the Birmingham City Code of 1930, which reads as follows: "Any person, firm or corporation violating any provision of any law or ordinance of the City of Birmingham, for which punishment is not specially provided by such law or ordinance, shall, upon conviction, be punished by a fine not exceeding one hundred dollars, and/or by imprisonment at hard labor upon the streets or public works or in the workhouse or house of correction of the city not exceeding six months, one or both; and in the event any fine and costs are not presently paid, the Recorder of the city shall sentence the offender or person thus in default to work out the fine and costs at hard labor upon the streets or public works, or in the workhouse or house of correction of the city, and the person so sentenced to hard labor shall be allowed one dollar for each day's services so performed; provided, that no female shall, in any case, be required to work upon the streets of the city."

Also, section 4920 of the Birmingham City Code of 1930, which reads as follows: "In trials before the Recorder for violations of the city ordinances, the judge shall determine both the law and fact, and justice shall be speedily administered by him. No statement of the offense need be made other than that contained in the summons, or affidavit and warrant of arrest, and if the defendant has been arrested without a warrant, the entry on the docket of the offense charged shall be treated as such statement. It shall be sufficient statement of the offense in the affidavit, warrant or entry on the docket, to designate the offense or act done by name or by some phrase which in common parlance designates it. It shall be no objection to the proceedings that they are imperfect or inaccurate, and all amendable errors shall be regarded as amended, so as to present only the substantial inquiry of the guilt or innocence of the defendant, and the affidavit, warrant or statement on the docket, one or all, may be changed or amended to meet the state of facts shown in evidence."

The testimony of Judge Martin, judge of the recorder's court of the city of Birmingham, was to the effect that the defendant being brought before him without affidavit or written charge, the...