Public-domain · open source
OpenJurist

30 Ala. App. 40

200 So 206

Pike v. State

Alabama Court of Appeals

Decided February 4, 1941

Alabama Court of Appeals · decided 1941-02-04

Relies on 29 Ala. App. 472 - Pinkerton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1941-02-04

How this case has been cited

Cited by 7 later decisions — most recently November 1985

7 state decisions

3019411950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SIMPSON, Judge.

¶1 From a final order of the Judge of the Circuit Court of Montgomery County, denying the petition of Louis Pike for a writ of habeas corpus, this appeal is taken.

¶2 The facts in this case are substantially the same as in Pinkerton v. State, 29 Ala.App. 472, 198 So. 157.

¶3 This appellant, at the time his parole was revoked by the Board of Pardons and Paroles, had already served his full sentence under the law. Part of that sentence had been endured within and a part outside of prison walls under parole, but the sum total of that servitude equalled that fixed by the original sentence. Consequently, he was not under the jurisdiction or supervision of the Board of Pardons and Paroles, and the purported revocation of his parole and his rearrest were without legal warrant.

¶4 Upon authority of the Pinkerton case, supra, the appellant is ordered discharged and the cause is reversed and rendered.

¶5 Reversed and rendered.

/30/alaapp/40 · .json · Public domain