Bice v. State

Alabama Court of Appeals

Bice v. State

78 So. 410, 16 Ala. App. 416, 1918 Ala. App. LEXIS 94

CourtAlabama Court of Appeals

DecidedApril 2, 1918

Docket3 Div. 294.

StatusPublished

Cited by1 cases

This text of 78 So. 410 (Bice v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bice v. State, 78 So. 410, 16 Ala. App. 416, 1918 Ala. App. LEXIS 94 (Ala. Ct. App. 1918).

Pincite

Opinion

BROWN, P. J.

The only complaint appearing in the record to sustain the judgment of conviction, omitting the caption, signature, and jurat of the officer, is in these words:

“Before me, W. A. Rawlinson, N. P. and Ex-Offi. J. P., a justice of the peace in and for said county, personally appeared Paul A. Tatum, who being duly sworn, deposes and says, on oath, that in said county on or about 3d day of February, 1917, one Jack Bice did in Ms opinion commit on him the offense assault and battery with a deadly weapon, knucks, against the peace and dignity of the state of Alabama.”

*417 This is wholly insufficient to sustain the judgment of conviction, or further proceedings against the defendant. Butler v. State, 130 Ala. 127, 30 South. 338; Sherrod v. State, 34 Ala. App. 57, 71 South. 76.

The judgment appealed from is reversed, and one here rendered discharging the defendant.

Reversed and rendered.

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