Warden v. State, 3 Div. 93
| Decision Date | 14 November 1961 |
| Docket Number | 3 Div. 93 |
| Citation | 41 Ala.App. 449,134 So.2d 783 |
| Parties | Lonnie WARDEN v. STATE. |
| Court | Alabama Court of Appeals |
Lonnie Warden, pro se.
MacDonald Gallion, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.
This is an appeal from a judgment of Hon. Eugene Carter denying this appellant's discharge in a habeas corpus proceeding.
In his petition filed in the Circuit Court below, the appellant asserts that he was convicted on an indictment charging carnal knowledge and sentenced to life imprisonment in the State penitentiary of Alabama, said conviction 'had at a trial in Huntsville, Alabama, County of Madison on May 1956.'
Thereafter petitioner enters a catalog of alleged violations of his constitutional rights in his trial in the Circuit Court of Madison County. Appellant alleges that he was beaten into unconsciousness a number of times, in an attempt to procure a confession from him; that the State coerced false testimony to secure his conviction; that money was paid to witnesses to keep them from testifying in his behalf, and etc.
In his answer to the petition, Martin J. Wiman, Warden of Kilby Prison, showed that he was detaining this appellant under and by virtue of judgments of convictions of the Circuit Court of Madison County, Alabama, rendered in six separate and distinct trials of this appellant, under six separate and distinct indictments charging him with carnal knowledge of six separate girls, all of whom were under the age of 12 years.
The respective judgments entered in these cases show that this appellant was represented by a highly competent attorney, and that upon his trial under each indictment, he entered a plea of guilty.
Appellant, in the proceedings below, has attempted to raise matters that should have been raised by an appeal.
The writ of habeas corpus cannot be used to replace a writ of error or an appeal. Nor can the writ be used to correct errors in the judgment, if the jurisdiction of the court rendering the judgment is without question. Jurisdiction of the Circuit Court of Madison County to enter the judgments which it did enter, and which are in every way regular on their face, cannot be questioned. Howard v. City of Bessemer, 40 Ala.App. 317, 114 So.2d 158.
Nowhere in his petition does this appellant assert, or even intimate, that he is not guilty of the heinous offenses to which he did plead guilty.
The reading of the opinions of this court, and of the Alabama Supreme Court, would show that no courts have more jealously protected elemental and...
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Summers v. State
...desirous of escaping punishment for the crime for which a jury and a competent and just judge found him guilty". Warden v. State, 41 Ala.App. 449, 451, 134 So.2d 783, 784 (1961). Also Cooper v. Wiman, 273 Ala. 699, 145 So.2d 216 (1962). The evidence presented to this Court reveals that the ......
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State v. Robey (Ex parte Robey)
...to determine just what relief these documents are seeking, other than the authors want out of the penitentiary.”Warden v. State, 41 Ala.App. 449, 450, 134 So.2d 783, 784 (1961). This Court, noting that “[f]inality of a criminal judgment and sentence today is as outmoded as the Model–T,” exp......
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State v. Robey (In re Robey), 1121399
...to determine just what relief these documents are seeking, other than the authors want out of the penitentiary."Warden v. State, 41 Ala. App. 449, 450, 134 So. 2d 783, 784 (1961). This Court, noting that "[f]inality of a criminal judgment and sentence today is as outmoded as the Model-T," e......
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Coleman v. State, 6 Div. 596
...Wiman, 273 Ala. 699, 701, 145 So.2d 216 (1962), cert. denied, 371 U.S. 958, 83 S.Ct. 516, 9 L.Ed.2d 505 (1963); Warden v. State, 41 Ala.App. 449, 450-51, 134 So.2d 783 (1961)." However, the Peoples court also advanced the following " 'It is now established beyond doubt that prisoners have a......