Thomas v. State, 4 Div. 46.

• Decision Date: 08 December 1933
• Docket Number: 4 Div. 46.
• Citation: 151 So. 473,25 Ala.App. 576
• Parties: THOMAS v. STATE.
• Court: Alabama Court of Appeals

151 So. 473

25 Ala.App. 576

THOMAS v. STATE.

4 Div. 46.

Court of Appeals of Alabama

December 8, 1933

Appeal from Probate Court, Barbour County; G. O. Wallace, Judge.

Petition of Fed Thomas for writ of habeas corpus. From a judgment or order denying the writ, petitioner appeals.

Reversed and rendered.

Guy W Winn, of Clayton, for appellant.

Thos E. Knight, Jr., Atty. Gen., for the State.

BRICKEN Presiding Judge.

It appears from the transcript that petitioner was tried and convicted in the Barbour county court, of a misdemeanor, on October 9, 1933, and the court thereupon entered the following purported judgment, to wit: "10-9-33 Defendant pleads guilty, he is guilty as charged, and the court assesses a fine of $10.00 and costs, and in addition thereto the defendant perform hard labor for the County of Barbour for the period of ------ days. G. O. Wallace Judge."

It further appears that the petitioner was taken into custody by the sheriff and confined in the county jail where he remained until October 23, 1933, on which date he filed his petition for writ of habeas corpus before the Honorable G. O. Wallace, judge of probate of Barbour county, Ala., seeking to be released from further imprisonment. The hearing on the petition was held on October 28, 1933, and on that date the writ was denied and petitioner remanded to the custody of the sheriff. From said order or judgment this appeal was taken.

Petitioner insists he is entitled to be discharged: "(1) Because his said imprisonment is not authorized by any process, judgment or decree or any provision of the law. (2) Because the purported judgment and sentence of said court is void in that it fails to set out the number of days hard labor the petitioner is to perform for the county; also, it fails to state whether or not the fine and costs have been paid, and it fails to place sentence upon defendant in event the fine and costs are not presently paid; and, further, that said purported judgment is vague and uncertain, is unintelligible and it is impossible to ascertain its meaning. (3) And if the original imprisonment was lawful the petitioner has become entitled to his discharge by reason of some subsequent act, omission, or event. (4) That the defendant has been detained in jail for an unreasonable length of time."

The facts set forth in the petition were undisputed.

The law is well settled that, when a convict is sentenced to hard...