The Birmingham age-herald., 1913-11-28
FILED FOR
WRIT OF CERTIORARI
BY M|NTO AT CAPITAL
Wants Supreme Court to
Review Recent Decision
of Court of Appeals
Denying Rehearing

! Montgomery November 27.-(Special)
! Apparently grooming himself for an APP
peal to the United States supreme court,
in the event that Alabama's s highest tri-
bunal decides that he must wear con-
viet's sstripes Mike Mimic, through his
attorneys, Thursday filed a petition for
writ of certiorari in the supreme court
asking that body to review the recent de-
cision of the court of appeals denying him
a rehearfng from the latter courts decree
ordering that Mintos erroneous sentences
in the Montgomery city court be correct
ed. In his application, Mimic sets up fed
eral questions and declares that the ac-
tion of the court of appeals deprives him
of inalienable rights guaranteed to him
under the constitution of the United
States. He also asserts that the decision
of the court of appeals is in conflict with
the constitution Of Alabama. The prin-
cipal question he raises is that he cannot
be placed twice in jeopardy for the same
offense.
To all appearance, Mintos attorneys are
laying the predicate for an appeal to the
federal supreme court as a last resort.
Pending the supreme courts disposition
of the present petition, the certificate of
affirmance has been recalled by the court
of appeals at the request of the supreme
court.
The Minto petition sets out the facts of
his case from the time, August 80, 1912,
when he was convicted for operating
gaming table, sentenced to six months
in the penitentiary and fined $3.50, and
carries the history up to the present day
1t shows that, after the court of appeals
last June had affirmed the case, Mimic
was taken in custody by Hartwell Doug
lass, president of the Alabama convict
board, but that Minto subsequently sued
out a writ of habeas corpus on the
ground that his sentence should have
been to hard labor instead cf the peniten-
tiary. Judge Castor Gunter promptly
discharged him from the custody of Mr..
Douglass.
Attorney General Brickell took an
appeal in the habeas corpus proceed
ings and also, upon his motion, the
court of appeals recalled it's certificate
of affirmance, and sent the case back
to the city court for correction of
the sentence. Mimic applied for re-
hearing on this phase of the case, but
the court of appeals on November 20
denied the rehearing.
In his petition for certiorari Mimic
alleges first that the sentence of the
trial court was void Next he says that
the the motion of the attorney e ln-
eral for correction of the judgment
was in effect an application f>- rehear-
ing filed more than Is days after the
rendition of the court of appeals origi-
nal decision and that it should not have
been granted
Next it is ars aed that the term of
Mimic having begun, the city court of
Montgomery was without power to re-
sentence him, also that the court of
appeals was without authority to
change its judgment of affrmance in
order to reverse the cause for RESIN
tence.
1t is averred that the action of the
court of appeals deprves Minto of the
rights guaranteed to him under section
of the bill of rights of the constitution
of Alabama, in that it seeks to deprive
him of liberty without due process of
law; also that the courts action deprives
him Of the rights guaranteed to him by
section of the Alabama constitution of
1901, in that it seeks to twice put him
in jeopardy; also that the action de-
priyes him of the rights guaranteed to
him by article of the amendments to
the federal constitution in that it seeks
to subject him for the same offense to
be twice put in jeopardy of limb or life;
also that it is yiolative of article of
the amendments to the federal consti-
tuition in that it seeks to deprive him
of liberty without due process of law;
and finally that the action of the court
is in conflict with article of the
amendments to the federal constitu-
ton in that it seeks to have the cause
re-eXanined in a manner according to
the rules of common law.
The supreme court is asked to re-
verse the findings of the court of ap-
peals similar petition will be filed
this week in the case of James Adams
a negro the facts and law in which arc
identical with those in the Minto case
Minto is represented by Hill. Hill,
Whiting & Stern. The Adams case is
in the hands of l.. A. Sanderson.