Allen v. State Ex Rel. Pride

Alabama Court of Appeals

Allen v. State Ex Rel. Pride

129 So. 304, 23 Ala. App. 543, 1930 Ala. App. LEXIS 148

Alabama Court of Appeals·Decided June 10, 1930·No. 8 Div. 25.·Published

Opinion

BRICKEN, P. J.

This appeal is by the respondent, in the court below, from an -order of the court in setting aside the verdict of the jury wherein the issues involved were determined in favor of the respondent; and this, in defiance of the court’s instructions to the jury that their verdict should be for the state; this with hypothesis.

The action was brought in the name of the state, upon relation of the solicitor of the T,wenty-Third judicial circuit, and was based upon the provisions of subdivision (1) of section 9932 of the Code 1923.

The cause was here submitted -on May 22, 1930, but without assignment of error, or brief of appellant. For this reason the appeal of necessity must be, and is, dismissed.

Appeal dismissed.

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BRICKEN, P. J.

This appeal is by the respondent, in the court below, from an -order of the court in setting aside the verdict of the jury wherein the issues involved were determined in favor of the respondent; and this, in defiance of the court’s instructions to the jury that their verdict should be for the state; this with hypothesis.

The action was brought in the name of the state, upon relation of the solicitor of the T,wenty-Third judicial circuit, and was based upon the provisions of subdivision (1) of section 9932 of the Code 1923.

The cause was here submitted -on May 22, 1930, but without assignment of error, or brief of appellant. For this reason the appeal of necessity must be, and is, dismissed.

Appeal dismissed.

Allen v. State Ex Rel. Pride, 129 So. 304, 23 Ala. App. 543, 1930 Ala. App. LEXIS 148 (Ala. Ct. App. 1930).

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