Opinion

State v. Peoples

  • 284 Ala. 657
  • 227 So. 2d 426
  • 1969 Ala. LEXIS 1162
Court
Supreme Court of Alabama
Filed
Aug 28, 1969
Status
Published
On the bench
Bloodworth, Coleman, Livingston, Maddox, Simpson
Cited by
1 cases

The opinion

On Rehearing.

PER CURIAM.

We are still of the opinion that the petition for habeas corpus was prematurely filed and the release of petitioner should have been denied by the trial court since petitioner had not completed service of his sentences at that time.

We do not undertake to state the amount of time petitioner should now be required to serve in order to complete serving his sentences, as this is not before us.

Under the circumstances of this particular case, we are of the opinion that petitioner is entitled to credit for the time he was a prisoner in the Jefferson County jail from October 27, 1967 to April 11, 1968. Thus, in fixing the remaining time he must now serve, the time he spent in Jefferson County jail should be counted as time served on his sentences.

*661 The opinion on original deliverance and the special concurrence are modified to the extent herein expressed.

Opinion modified and extended.

Application for rehearing overruled.'

LIVINGSTON, C. J., and SIMPSON, COLEMAN, BLOODWORTH and MADDOX, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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