# Ex parte Roberson

> Supreme Court of Alabama · November 15, 1898 · 123 Ala. 103

URL: https://www.frixlaw.com/law-library/cases/6518214

## Case

- **Full name:** Ex parte Roberson
- **Court:** Supreme Court of Alabama
- **Decided:** November 15, 1898
- **Citations:** 123 Ala. 103
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Sharpe
- **Judges:** Sharpe
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6518214

## Opinion text

SHARPE, J.
The transcript made part of this petition shows that the petitioner was convicted in the circuit court of Cullman county upon an indictment for grand larceny, and that upon the verdict .judgment ivas rendered “that the defendant be and he [hereby is sentenced to be confined in the State penitentiary for a term of twenty-five months as a punishment for said offense.”
Though it does omit to expressly adjudge the defendant’s guilt, the judgment sentencing the defendant to the penitentiary sufficiently implies the judgment of guilt and is a judgment of conviction which would ei^en support an appeal. The question has been expressly decided in Wilkinson v. State, 106 Ala. 28 , and again in Driggers v. State, ante, p. 46.
To warrant his discharge upon habeas corpas the proceedings under which the petitioner is held must be ille gal. —Ex parte Simmons, 62 Ala. 416 ; Ex parte Brown, 63 Ala. 187 . The defendant being legally held in custody under proceedings in a court having jurisdiction of his person and of the offense with which he was charged and has been convicted, the circuit judge properly refused to issue the writ, and here also it will be denied.
Habeas corpus denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6518214. Public record. Not legal advice.