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42 Ala. App. 627

Ex parte Carty

Alabama Court of Appeals

Decided February 16, 1965

Alabama Court of Appeals · decided 1965-02-16

Cited by 1 later decisions — most recently April 1965

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1965-02-16

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CATES, Judge.

¶1The petitioner has filed a mass of incoherent papers concerning some appearance of his before the Honorable Wallace C. Gibson, one of the judges of the Circuit Court of Jefferson County.

¶2He claims there was before the court below a petition for habeas corpus on which he sought a hearing but that Judge Gibson proceeded to vacate some unspecified prior sentence. Ttíis was over petitioner’s objection. He claims he then and there gave notice of appeal.

¶3The Attorney General has filed two motions to strike using as grounds the numerous deficiencies of petitioner’s pleadings.

¶4*628Nowhere does the State inform us of what has occurred below. This casts some ■spark of credibility — for the time being and for limited purposes — on some of the prisoner’s averments. We need more information from both parties.

¶5We think the petitioner is entitled to be .answered as to why the record on appeal is not being processed if he is in fact indigent and, therefore, eligible for a pauper’s transcript and counsel.

¶6However, on the evasive claims of disembodied errors alleged, we are not authorized to issue mandamus.

¶7Writ denied.

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