The Birmingham age-herald., 1923-01-31
MANDAMUS ASKED AGAINST H [ r 1 | N IN CURTIS CASE
Judge HefIin Cited to Appear Before Court of Appeals in Order to Defend
 His Action
STATE CAPITAL BUREAU 1
 THE AGE-HERALD Montgomery, Ala, Jan. 80 ]

Alleging that Judge Harrington F. Heflin of the Jefferson circuit court
 exceeded his authority when he re-
 Curtis, former probate judge of Win
 ston county, to plead guilty on a charge of contributing to the delin- quency of child, attorneys for
 Judge Curtis today applied to the court of appeals for a writ of man damus requiring Judge Heflin to va
 cate his order. Judge Charles R. Bricken. presd- ing judge, issued rule nisi to Judge Heflin to appear before the court
 April and show why his order
 should not be cancelled. The pe- tition will be heard on the call of the first division.
 Attorneys for Judge Curtis alleged in their petition that Judge Hsflin
 had no authority to revoke his order after the term of court had ended and that the revocation of the order permitting Judge Curtis to plead I guilty would put him in jeopardy l for the second time for the same l offense. Judge Curtis paid a fine of S100 and costs.
 APPEALS COURT DECISIONS l Decisions of the court of appeals
 follow:
 ON REHEARING-Eley Mahan vs. state. Tallapoosa circuit court; appli-
 cation overruled. | Sloss- Sheffield Steel and Iron com
 pany vs. Mrs. Lois T. Brooks, admin
 istratrix. Jefferson circuit court; ap- plication overruled.
 Southern Finance company vs. Tober Foster, Jefferson circuit court i; 1 application overruled. | Hubert Sparks vs. state, Cullman circuit court application overruled. | Ike Parsons vs. state. Jefferson 1 circuit court; application overruled. | BRICKEN. T. J.-Mary Macon, pro I ami vs. J. Lee Holloway, Montgom-
 cry circuit court; affirmed.
 Whit Chambers vs. state. Barbour circuit court; appeal dismissed. Nal Hameter vs. state, Barbour
 circuit court; appeal dismissed.
 Tom Richey vs. state, Barbour cir
 cult court; appeal dismissed 1 Gran Spencer. alias Grand Spencer ys. state Geneva circuit court; af- | firmed.
 Ida Smith vs. state, Jefferson cir
 cult court; reversed and remanded. | Fore Meyers vs. state, Jefferson | circuit court; reversed and remanded.
 Lem Gilbert vs. state, Jefferson circuit court; (Bessemer division); af- | firmed.
 | State of Alabama vs. New Florence 1 Operating company, Jefferson circuit | court, affirmed. l Albert Parton vs. state, Etowah
 circuit court, affirmed. Bob Cambron vs state, Etowah l circuit court; affirmed Eli Hester vs. state, Randolph cir ! cult court; affirmed. SANFORD, J.-M. Sexton ys. state. l Crensaaw circuit court; appeal dis 1 missed.
 Judge Gee Thomas Richards ys.
 state. Barbour circuit court; appeal | dismissed.
 Dorse Hughes alias, etc. vs. state, Coffee circuit court; affirmed. B. F. Glass vs. state, Jefferson cir l cult court; affirmed. Walter Cutcliff vs. state, Jeffer-
 sen circuit court; affirmed. | First National bank of Lawrence l burg, .cenn., vs. J. T. Morrow ct als., Marion circuit court; motion granted
 and case continued to call of sixth l division.
 | Eddie Dean vs. state. DeKalb cir
 cult court; reversed and remanded. John Beard, alias Pete Beard. ys. state, Dekalb circuit court; reversed and remanded. l Bettie Copeland vs. state, Etowah circuit court; affirmed. Spencer D. Shearer vs state. Cher- 1 okee circuit court; affirmed | Chris Miller vs. state. Cherokee cir | emit court affirmed
 Jim Bentley vs state, Cleburne l circuit court; affirmed