State v. Williams

• Decision Date: 18 December 1923
• Docket Number: 3 Div. 473.
• Citation: 19 Ala.App. 597,99 So. 660
• Parties: STATE v. WILLIAMS.
• Court: Alabama Court of Appeals

99 So. 660

19 Ala.App. 597

STATE v. WILLIAMS.

3 Div. 473.

Court of Appeals of Alabama

December 18, 1923

Rehearing Denied April 8, 1924.

Appeal from Circuit Court, Montgomery County; Walter B. Jones Judge.

Petition by Albert Williams for writ of habeas corpus. From a judgment granting the writ, the State appeals. Reversed and rendered.

Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.

R. T Goodwyn, of Montgomery, for appellee.

SAMFORD J.

The petitioner prays a writ of habeas corpus on the following agreed statement of facts:

"In this cause it is agreed by and between the undersigned as counsel for the petitioner and Harwell G Davis, as Attorney General, and Lamar Field, as Assistant Attorney General, of the state of Alabama, that the facts in connection with this proceeding are as follows:

"On April 12, 1923, the verdict was returned by the jury in the circuit court of Etowah county, Ala., in a case pending against the said Albert Williams, finding him guilty of forgery in the second degree, as charged in the indictment against him; that on April 14, 1923, as punishment for the offense named, the defendant was sentenced to the penitentiary for an indeterminate term of not less than six years nor more than eight years, six years being the minimum and eight years being the maximum of this sentence; that on said April 14, 1923, the defendant took an appeal in said case to the Court of Appeals of Alabama, and elected not to have the sentence suspended pending the appeal, but to go to the penitentiary under said sentence and abide the result of said appeal, and it was at that time ordered by the court that the sentence be not suspended; that on September 7 1923, a petition was filed in said case by defendant praying that he be admitted to bail, and on said date the judge of the circuit court of Etowah county, Ala., made an order fixing the defendant's bail pending the appeal in the sum of $6,500, to be conditioned and approved as the law directs the sentence against defendant not having been suspended at said time. A copy of the judgment entry in this cause is attached to the return of J. S. Harris and admitted to be a true and correct copy of the judgment entry, and a copy of the petition filed by the defendant seeking to be admitted to bail is also hereto attached as Exhibit A and admitted to be a correct copy of the petition. It is also admitted that the bench note made by the judge of the circuit court of

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