The Birmingham age-herald., 1914-11-25
GUNTER ORDERED ID .|MPO SENTENCE UPON MIKE MNNT0 Relief From Illegal Sentence Not Sufficient to Make
 Legal Sentence Void,
 Says Court

Montgomery, November 2l.-(Special) Judge Gaston Gunter of the city court of Montgomery was today ordered by the court of appeals of Alabama to impose a sentence upon Mike Minto, who was con- yicted two years ago of operating a gam ing table in this city, and given an illegal sentence of six months in the penitentary. The judgment of the appellate court was rendered on the petition of Attorney Gen. erai Robert c. BriclSell fov writ of man. damus to enforce action on the part of the trial court, the lower tribunal having refused on the objection of the defendant to impose the sentence as previously di- rected by the court of appeals. The de- cision was written by Chief Justice John Pelham. In granting the writ of man. damus Chief Justice Pelham, in speaking for the court, declared that Minto could not, "by submitting to an unlawful, void sentence seize upon the fact of his having done so as an excuse or reason from be- ing relieved from lawful sentence Fol lowing the same argument, Judge Pelham declared: 'To hold tho contrary would be to clothe the prisoner under legal judg- ment of conviction with authority to trifle with justice as to the imposition of a legal sentence following the judgment"
 Case Analogous
 The court also granted a writ of man damus to compel Judge Gunter to sentence
 James Adams, who was convicted at
 the same time as Minto. The two cases are analogous. Other decisions put out by the court of appeals are as follows: Pelham, P. JIG. w. Potter vs. J. w. Tucker ct al, from Etowah circuit court; affirmed.
 Thomas, J.-Walter Hughes vs state, from Mobile city court; affirmed Miss A. M. Hilley vs. Central of Geor- ga Railway company, from Tallapoosa circuit court; affirmed. Landrum x Co., vs. T. l.. Wright ct al. from Tallapoosa circuit court affirmed.
 Robert Mccoy vs. l.. r. Prince, from Winston circuit court; reversed and re- manded.
 Postal Telegraph Cable company vs. E. Nall, Gadsden city court; affirmed. J. H. H9ckensmith vs William IT, Win ton. from Morgan circuit court reversed and remanded.
 Brown J.-Mose Bradley vs. state, from Monroe circuit court; affirmed. Earnest White vs. state, from Clarke circuit court; motion to dismiss appeal overruled.
 Johnnie Owens vs state, from Mobile city court; affirmed.
 | Mary Upshaw vs. state, from Mobile city court; appeal dismissed. Hold Conference l The governor met in conference this afternoon with Attorney General R. C. | Brickel, Auditor Brooks Smith and the members of the state tax commission for | farther discussion of the new revenue bill | for submission to the legislature. It is a 1 constitutional requirement imposed upon the governor, attorney general and audi tnr or nd ,1 ts..xx. T by these three officials with a view to | drafting new revenue measure. This | afternoon they called into conference with
 them the members of the state tax com | mission and several hours were spent in discussing the new measure. According | to information obtained many of the l leading features of the bill have alrea dy l been disposed of, and it is expected that the new bill will be completed in the next 1 few days.