State v. Albright
| Decision Date | 23 April 1908 |
| Citation | 46 So. 470,155 Ala. 141 |
| Parties | STATE v. ALBRIGHT. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Baldwin County; Samuel B. Browne, Judge.
Petition by P. Y. Albright for a writ of habeas corpus. From an order granting the writ and discharging petitioner, the state appeals. Reversed and rendered.
Alexander M. Garber, Atty. Gen., for the State.
S. C. Jenkins, for appellee.
The defendant, P. Y. Albright, was indicted in Baldwin county, under section 5153 of the Criminal Code of 1896 (section 7446, Cr. Code 1907), which provides: "Any person, being disqualified by law, who, by election or appointment, enters upon any public office, must, on conviction, be fined not less than one hundred dollars." That a justice of the peace is a public officer is not, and cannot be, denied.
The case was tried on an agreed statement of facts by which it appears, that defendant, on the 5th of April, 1907, was duly appointed and commissioned as a justice of the peace for precinct 8, in said county of Baldwin, and entered on the discharge of his official duties as such, and did exercise such duties; that he removed from another state, with the intention of becoming a citizen of this state, and was residing in Baldwin county at the time of his appointment to said office, and was a resident, but not a qualified voter of this state at that time. He was arrested by the sheriff under said indictment, and immediately sued out a writ of habeas corpus before the judge of the circuit court of said county, and on the trial of the case under said writ, he was discharged by the judge, to reverse which order the state appeals.
The mode of procedure adopted in this case is not the proper one to raise the question of the guilt or innocence of the defendant in the indictment--petitioner in this case. The matter here sought and relied upon for the discharge of the petitioner, is clearly for the determination of the circuit court, on trial under the indictment. That court having jurisdiction of the offense and of the person, habeas corpus will not lie for the discharge of the petitioner.
The order appealed from is vacated; and one will be here rendered, dismissing the petition.
Reversed and rendered.
To continue reading
Request your trial
-
State, for Use and Ben. of Morgan County v. Norwood
... ... Finance is authorized to examine and audit the records and ... accounts of state and county offices as indicated and that a ... justice of the peace is a public officer. Code 1940, Tit. 55, ... § 156 et seq.; State v. Tuscaloosa County, 233 Ala ... 611, 172 So. 892; State v. Albright, 155 Ala. 141, ... 46 So. 470; Thornhill v. Cowart, 205 Ala. 455, 88 ... So. 563; Montgomery v. State, etc., 107 Ala. 372, 17 ... So. 157. The suit was based upon such report ... An ... important ground of demurrer is the insistence that a justice ... of the peace is entitled ... ...
-
Baker v. State
... ... of the office. But this does not entitle Green to a judgment ... in inducting him into office, nor could such judgment be ... rendered without violating the public policy of the state as ... expressed in sections 2575 and 5038 of the Code. State v ... Albright, 155 Ala. 141, 46 So. 470 ... The ... special plea or answer is not predicated on anything that ... occurred in the election, and in no way seeks to impeach its ... validity. It merely asserts, though Green has been elected, ... he, because of his conviction of the offense, should ... ...