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41 Ala. App. 658

Tadlock v. State

Alabama Court of Appeals

Decided January 8, 1963

Alabama Court of Appeals · decided 1963-01-08

Relies on Ex parte Bizzell · 31 Ala. App. 191 - MacKreth v. Wilson · 41 Ala. App. 336 - Allen v. State

Decided 1963-01-08

PRICE, Presiding Judge.

¶1The appellant, Robert Eugene Tadlock, filed his petition for writ of habeas corpus in the Montgomery Circuit Court, seeking his release from Kilby prison.

¶2The return to the writ made by the warden of Kilby Prison, sets out a copy of the indictment and of the judgment and sentence of the Circuit Court of Jefferson County, Alabama. The indictment, judgment and sentence appear to be in all respects regular and show that appellant was adjudged guilty of unlawful possession of narcotics, after entering a plea of guilty to said charge, and was sentenced to the penitentiary for a term of two years.

¶3On habeas corpus where the judgment and sentence of a circuit court are returned as the cause for the detention of the petitioner, the only matter that can be inquired into is the jurisdiction of the said *659circuit court to render' the judgment and impose the sentence that was imposed. Mackreth v. Wilson, 31 Ala.App. 191, 15 So.2d 112. Allen v. State, ante, p. 336, 132 So.2d 327; Ex parte Bizzell, 112 Ala. 210, 21 So. 371.

¶4The judgment of the court denying habeas corpus is affirmed, .

¶5Affirmed!

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