Campbell v. State

Alabama Court of Appeals

Campbell v. State

151 So. 2d 407, 42 Ala. App. 33, 1963 Ala. App. LEXIS 279

CourtAlabama Court of Appeals

DecidedMarch 12, 1963

Docket8 Div. 876

StatusPublished

Cited by4 cases

This text of 151 So. 2d 407 (Campbell 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

Campbell v. State, 151 So. 2d 407, 42 Ala. App. 33, 1963 Ala. App. LEXIS 279 (Ala. Ct. App. 1963).

Pincite

Opinion

PRICE, Presiding Judge.

Appellant was convicted of the offense of “causing dependency, neglect or delinquency of children.” Title 13, Sec. 366, Code of Alabama, 1940.

The prosecution originated in the Juvenile Court. Upon conviction appellant appealed to the Jackson County Court, where he was by a jury again convicted and he appeals to this court.

After conviction in the Juvenile Court a defendant, on appeal to the Circuit Court, or court of like jurisdiction, is entitled to a trial de novo. Sections 371, 372, Title 13, Code.

On the trial de novo, Section 363 of Title 15, providing for a brief statement of the cause of complaint signed by the solicitor, is mandatory. Bonds v. State, 28 Ala.App. 194, 180 So. 735; Gamble v. State, 32 Ala.App. 550, 27 So.2d 880; Williamson v. City of Greenville, 39 Ala.App. 237, 97 So.2d 600.

The absence of such complaint, or a waiver thereof by the defendant, requires a reversal of the conviction, Authorities supra. There being no complaint, or waiver thereof, the judgment must be reversed and the cause remanded.

Reversed and remanded.

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