Heisler v. State, 109 So. 124 (Ala. Ct. App. 1926). · Go Syfert
Heisler v. State, 109 So. 124 (Ala. Ct. App. 1926). Cases Citing This Book View Copy Cite
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Heisler
v.
State.
5 Div. 615..
Alabama Court of Appeals.
Jun 1, 1926.
Published opinion
109 So. 124
1926 Ala. App. LEXIS 178
Felix L. Smith, of Rockford, for appellant. In view of the decision, it is not necessary that brief be here set out. Harwell G. Davis, Atty. Gen., and Chas. H. Brown, Asst. Atty. Gen., for the State. The appeal should be dismissed. Thomas v. State, post, p. 533, 109 So. 608 .
Rice.
Cited by 2 opinions  |  Published
RICE, J.

The defendant was convicted in the county court' of illegally possessing prohibited liquors, and appealed from that judgment to the circuit court. Thereafter defendant dismissed his appeal; a writ of procedendo was thereupon issued to the county court judge, who proceeded to carry into effect its former judgment. Dissatisfied with the manner in which the county court undertook to do this, defendant addressed a petition to the circuit judge, praying a writ of[*417] habeas corpust The circuit judge, after hearing, denied the writ, and this appeal follows.

Whether appellant pursued the proper course to revise the judgment or sentence of the county court following the dismissal of his appeal, and whether or not the county court was in error in the particular asserted, are questions we will not and do not decide, since the apipeal must be dismissed upon authority of Ex parte State ex rel. Shirley, 20 Ala. App. 473, 103 So. 68, where it is held that no appeal lies from an order on habeas corpus by the circuit judge.

Appeal dismissed.