ELLIS v. STATE

3 Div. 88.

135 So.2d 814 (1961)

Homer D. ELLIS v. STATE.

Court of Appeals of Alabama.

Rehearing Denied November 7, 1961.


Attorney(s) appearing for the Case

Homer D. Ellis, pro se.

MacDonald Gallion, Atty. Gen., and Jerry L. Coe, Asst. Atty. Gen., for the State.


PRICE, Judge.

Homer D. Ellis filed in the Circuit Court of Montgomery County, Alabama, a petition which purports to be a petition for writ of habeas corpus against Martin J. Wiman, Warden of Kilby Prison, and Frank A. Lee, Prison Commissioner.

The Attorney General filed a motion to dismiss the petition on the ground that the matters set out therein cannot properly be raised by petition for writ of habeas corpus and because it seeks to attack the validity of...

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