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41 Ala. App. 590

Carmack v. State

Alabama Court of Appeals

Decided May 8, 1962

Alabama Court of Appeals · decided 1962-05-08

Relies on Ex parte Carmack

Decided 1962-05-08

CATES, Judge.

¶1This is a habeas corpus appeal. See also Ex parte Carmack, ante, p. 426, 133 So.2d 891.

¶2Carmack alleged numerous grounds. However, he made no proof.

¶3The return of the prison warden shows a proper indictment, verdict, judgment and sentence from the Jefferson Circuit Court.

¶4Code 1940, T. 15, § 27, reads in part:

“No court, or judge, on the return of a writ of habeas corpus, has authority to inquire into the regularity or justice of, any order, judgment, decree, or process of any court legally constituted, ^ ^ ”

¶5The circuit court has jurisdiction of trials of indictments for carnal knowledge of girls thirteen to sixteen years of age (T. 14, § 399). Hence, without proof to show the commitment was void, the judgment of the Montgomery Circuit Court was completely correct and must be here

¶6Affirmed.

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