The Birmingham age-herald., 1921-04-20
COURT OF APPEALS REDUCES AUTHORITY
 OF POLICE JUDGES
Sentences Imposed and Then Suspended Pending Good Behavior Ends With the
 Order of Parole
By FRED H. GoRMLEY
Montgomery Bureau. The Age-Heral, 221-2 First National Bank Ruildin,

221-2 First National Bank Building
 Montgomery, April 19.-(Special.) )-Prac- tice of city recorders and mayors of i'm posing prison or hard labor sentences on offenders against the city ordinances and then postponing the sentences after the payment of fines and costs until bad behavior is shown, must be discontinued as result of a decision of the court of appeals Tuesday afternoon in the case of Julius Daley versus the city of Decatur
 Daley was convicted of violating the Decatur ordinance prohibiting disorderly conduct, was fined $1360 and costs and sentenced to 20 days hard labor but the hard labor sentence was held up penJ- ing good behavior Later the city re- corder sought to require him to serve the sentence and he appealed for a writ of habeas corpus. The court of appeals held that when the recorder suspended the hard labor sentence this ended the matter and that he could not again go hack and require a defendant to serve the sentence. It rendered a decision granting Daley the relief he sought
 CASE AFFIRMED
 Tho court of appeals also refused to reverse the case of Currey Morris versus the state, from Shelby county on Nor r4g contention that he was not legally tried because the jury box had not been filled as required by law. The appellate count held that the errors complained of were not sufficient to invalidate the yer dict of the jury. Morris contended that he was illegally tried because the jurors were selected from a box which con- teiDed only 800 jurors and which had been refilled on the order of the judge who had instructed the jury commission to revise the jury list and eliminate the Implications Morris said the jury com mission exceeded its authority when 1t destroyed 1,100 names in the box and placed SO0 names in the box. Morris was sentenced to from seven to ten years for assault to murder.
 Jfm Mitchell of Shelby county, who Ind been convicted of making liquor, was given e new trial with the sugges- tion of the court that on the second trial he should be given the affirmative charge unless additional evidence is off, fered against him. The only testimony against Mitchell was that a still was found about 200 yards from his home, that 6 path lead from his home to the pface, but that the property on which the etfn stood was not in his possession. The appellate court said this was a cir cumstance. but one which must be coupled with others if conviction was %o be upheld.
 LIST OF DECISIONS
 The list of decisions of the court of ap- peais Tuesday, April 1s follows
 Bricken P J.-Hays Carnathan vs state. Choctaw circuit court; appeal dis missed James R. Love and J. M. In- gram vs. T. B. Tanner, Jefferson civ cuft court: affirmed. State ex rel At torney General vs. Richard v Evans. as Judge of the Tenth judicial circuit; pe- tition granted; issuance of peremptory writ stayed Curry Morris vs. state, Shelby circuit court: affirmed Thomas Perry Bolton vs state, Franklin circuit court; affirmed, William A. Denham vs. state, Marshall circuit court: affirmed Julius Daley vs. city of Decatur. Nor gan circuit court; reversed and ren- dered. Percy Fearn vs state, Madison circuit court: affirmed.
 Sanford. J.--,Jacob Aanonsen vs state. Mobile circuit court; affirmed Jim Mitchell vs.. state, Dallas circuit court; reversed and renanded. Ed Hal vs. state. Russell circuit court: appeal dis missed. W. B. and Mrs. w. B. Watson vs. R. c. Rollins, Etowah circuit court; affirmed. Gilbert Woods vs. state, Nor gan county court; affirmed.
 Merritt J.-willam Frazier vs. state. Mobile circuit court; appeal dismissed Walker D. Hines. as director general of railroads, etc., vs. J. F. Thornton, Bar bour circuit court; appeal dismissed. Eugene Upshaw vs. state, Russell cir cult court; appeal dismissed. C. F. Mailer vs. state, Marshall circuit court; reversed and remanded Merritt. J. dis sents. John Roberson, alias John Rob- ertson, vs. state, Marshall circuit court; affirmed will Montgomery vs state, Morgan circuit court. affirmed