Greer v. State

Court of Criminal Appeals of Alabama

Greer v. State

268 So. 2d 502, 49 Ala. App. 36, 1972 Ala. Crim. App. LEXIS 787

CourtCourt of Criminal Appeals of Alabama

DecidedOctober 24, 1972

Docket1 Div. 337

StatusPublished

Cited by6 cases

This text of 268 So. 2d 502 (Greer v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greer v. State, 268 So. 2d 502, 49 Ala. App. 36, 1972 Ala. Crim. App. LEXIS 787 (Ala. Ct. App. 1972).

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Opinion

ALMON, Judge.

This is an appeal from a judgment of the Circuit Court of Mobile County in a habeas corpus proceeding denying appellant’s release from jail.

The undisputed evidence at the hearing showed that appellant was serving a sentence imposed by Judge Wilson, Recorder of the City of Mobile, after having been found guilty of the offense of making obscene telephone calls. This was not challenged by the appellant in the circuit court or on appeal. Instead, she argues that her conviction in the city court was unlawful because of the insufficiency of the evidence and because evidence gained as a result of an illegal search and seizure was admitted against her. There is no mention in the record of an appeal from [37]*37that judgment of conviction. It is infer-able from the record that the time for appeal had expired when the petition for a writ of habeas corpus was filed in the circuit court.

Habeas corpus does not serve the office of appeal. Nor can the writ be used to correct errors in a judgment if the jurisdiction of the court rendering the judgment is without question. Hable v. State, 41 Ala.App. 398, 132 So.2d 271; Thomas v. State, 40 Ala.App. 697, 122 So.2d 535; McIntyre v. State, 41 Ala.App. 486, 139 So.2d 618; Edwards v. State, 274 Ala. 561, 150 So.2d 709.

Accordingly, the judgment of the circuit court discharging the writ is due to be and is

Affirmed.

All the Judges concur.

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ALMON, Judge.

This is an appeal from a judgment of the Circuit Court of Mobile County in a habeas corpus proceeding denying appellant’s release from jail.

The undisputed evidence at the hearing showed that appellant was serving a sentence imposed by Judge Wilson, Recorder of the City of Mobile, after having been found guilty of the offense of making obscene telephone calls. This was not challenged by the appellant in the circuit court or on appeal. Instead, she argues that her conviction in the city court was unlawful because of the insufficiency of the evidence and because evidence gained as a result of an illegal search and seizure was admitted against her. There is no mention in the record of an appeal from [37]*37that judgment of conviction. It is infer-able from the record that the time for appeal had expired when the petition for a writ of habeas corpus was filed in the circuit court.

Habeas corpus does not serve the office of appeal. Nor can the writ be used to correct errors in a judgment if the jurisdiction of the court rendering the judgment is without question. Hable v. State, 41 Ala.App. 398, 132 So.2d 271; Thomas v. State, 40 Ala.App. 697, 122 So.2d 535; McIntyre v. State, 41 Ala.App. 486, 139 So.2d 618; Edwards v. State, 274 Ala. 561, 150 So.2d 709.

Accordingly, the judgment of the circuit court discharging the writ is due to be and is

Affirmed.

All the Judges concur.

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Bluebook (online)

268 So. 2d 502, 49 Ala. App. 36, 1972 Ala. Crim. App. LEXIS 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greer-v-state-alacrimapp-1972.

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