The Birmingham age-herald., 1924-07-03
RITICIZES ACT OF WOMAN JUDGE But Mrs. Mayfield Is Sus- tained By Majority
 Opinion
(State Capital Bureau)

- A l
 MONTGOMERY, Ala, July 2.-Be- cause of the character of a judgment ] of conviction by Judge Virginia H. Mayfield, woman judge of the court of : domestic relations of Jefferson county, the court of appeals was divided in a decision handed down Monday. The majority opinion of the court affirmed ! the decision of the lower court. Pre- siding Judge Charles R. Bricken, how ever dissepted from the opinion of the two aSeociate judges, declaring that "the &drported judgment of conviction" sigAed by Judge Mayfield was not a ] jTdgment at all but nothing more ''an 6nintelligiAe bench note." Judge Bricken held that it was illegal for the defendant to be restrained of his liberty Under "such an absortive at tempt at judgment" and that he should be forthwith discharged.
 The judgment was entered by Judge Virginia Mayfield in the case of Bert Higginbotham who entered a plea of guilty to a charge of desertion in the court of domestic relations for Jeffer- son county and was given P months hard uabor sentence. He sought his liberty on writ of habeas corpus, and fFwhen this was denied by the Jefferson | circuit court, Bessemer division, ap- Apealed to the court of appeals which af- firmed the decision of the lower court. 8 Bricken Dissents
 Judge Bricken in dissenting opinion 5n the case quoted the judgment in the case which was as follows:
 May 16, 1924. On plea of guilty the court awards the following punishment That the defendant, Bert Higginbotham eerve a term of twelve months at hard labor for this county, Virginia H. May field. judge"
 Commenting on the above Judge Bricken in his opinion stated: ''In my opinion, this is wholly insufficient; and according unto this entry the most liberal construction, it is nothing more than mere bench note and in no re- spect does it rise to the dignity of judgment of conviction. In other words this entry is lacking in form and ma erial averments, to constitute it a T3gment and to support it as a judg- meiE is to sanction an uncertainty and loossAess in the record bordering upon fhe pefpicious. There is no adjudication of gui1A nor is there even of a pro- nouncemeQt of sentence by the court and it contains no language from which |aukhese all inportant essentials could be
 AlAed. The entry above set out is not
 esment."
 Again, tthe 0&nion stated with refer ence to the Sirtd gent entered by Judge Mayfield, that it nothing more than n unintelligible bench note and barely Contains sufficient data from which to prepare a judgment"
 In concluding his opinion Judge Bricken stated: This question being conclusive of the matter, refrain from Adiscussing other questions presented pon this appeal. dissent from the
 keausion reached, as well as from
 reason therefor. The writ should be Planted and the petitioner discharged rom custody"
 The Majority Opinion
 he majority opinion of the appellate
 written by Judge W. H. Sanford,
 Efrr1aaA AEAc -Secisfon or ssare-3ower court. \ The majority opinion stated :, "Web- ster's definition of 'aE yard isl judg- ment, sentence or finN decision. It is held by our courts tHat although the judgment entry shows no formal ad- will be held to be sufficient. In this case there is plea of guilt and an naward- d-judgment-sentence fixing a sen-
 The recitals are sufficient to |
 a judgment of guilt The ma
 y decision of the court was that HS cifeuit judge did not err in de- pSAying the writ of habeas corpus and his decision was affirmed.
 Liquor Seized-Sixty-two gallons of whisky were seized in a garage in Montgomery on High street and Nose Martin was arrested, according to re- ports received at headquarters of the state law enforcement department Wednesday.
 Asks Bank Statement-State Super intendent of Banks A. D. Jackson has issued a call to all state banks for statement of condition at the close( of | business on June 80, it was annouRced "Wednesday. The call is the first to be issued by the state superintendent of Lhgnks this year.
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