Madden v. Simmons
| Decision Date | 19 February 1957 |
| Docket Number | 3 Div. 13 |
| Citation | 92 So.2d 922,39 Ala.App. 24 |
| Parties | James Cecil MADDEN v. James H. SIMMONS and State of Alabama. |
| Court | Alabama Court of Appeals |
Horne & Webb, Atmore, for appellant.
John Patterson, Atty. Gen., and Winston Huddleston, Wetumpka, Supernumerary Circuit Solicitor, for appellees.
This is an appeal from a judgment denying appellant's petition for a writ of habeas corpus.
The Congress of the United States having granted consent, Section 11, Title 4, U.S.C.A., there was enacted in 1939 (See General Acts of Alabama, 1939, p. 432) an act authorizing and directing the Governor of this State to enter into compacts with the Governor of other States relative to out of State parolee supervision. The above act now appears as Section 27, Title 42, Code of Alabama 1940.
This act is constitutional. Woods v. State, 264 Ala. 315, 87 So.2d 633.
Pursuant to such act this State entered into such a compact with the State of Florida, the Governor of Alabama signing the company on 4 October 1940, and the Governor of Florida on 5 December 1941.
Among the provisions of the compact, as authorized in Section 27, supra, are the following:
The present proceeding arises out of the above statute, and compact.
The appellant had been convicted in Escambia County, Florida, of driving while intoxicated. Sentence was suspended and he was placed on probation for two and a half years.
Thereafter this appellant, with consent of the proper officials, removed to Escambia County, Alabama, where he was under the supervision of the probation and parole officer of the 21st Judicial Circuit of Alabama.
After his removal to Alabama this appellant was arrested and charged with the offense of driving while intoxicated, and using obscene language in the presence of a female, which charges were pending at the time of the proceeding below.
On the 6th of November 1956 the Judge of the Court of Records of Escambia County Florida, the court which had placed the appellant on probation, on complaint of J. C. Lufkin, issued a warrant for the arrest of the appellant for violating...
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