Ex parte Sanders

Alabama Court of Appeals

Ex parte Sanders

171 So. 2d 124, 42 Ala. App. 545

CourtAlabama Court of Appeals

DecidedJanuary 12, 1965

Docket3 Div. 183

StatusPublished

This text of 171 So. 2d 124 (Ex parte Sanders) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Sanders, 171 So. 2d 124, 42 Ala. App. 545 (Ala. Ct. App. 1965).

Pincite

Opinion

CATES, Judge.

This is an original petition for a writ of prohibition to preclude one of the Circuit Judges of Montgomery County from acting by reason of his being a jury commissioner. The judge in question forfeited his judicial commission, Sanders claims.

The thrust is at the indictment for. infirmity of the grand jury’s being impanel-led by the judge in question and hence the matter is said, therefore, to be coram non judice.

We have been informed that Sanders, in open court, has plead guilty to the indictments.

Unlike nolo contendere, a plea of guilty is an acceptance of the indictment and all its infirmities.

Hence, even if we were to concede arguendo that the contention had any validity, nevertheless prohibition is not indicated, and the Attorney General’s motion to dismiss the petition is well taken.

Dismissed.

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