Chicarello v. State

Alabama Court of Appeals

Chicarello v. State

21 So. 2d 576, 32 Ala. App. 64, 1945 Ala. App. LEXIS 314

CourtAlabama Court of Appeals

DecidedMarch 27, 1945

Docket6 Div. 165.

StatusPublished

This text of 21 So. 2d 576 (Chicarello 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

Chicarello v. State, 21 So. 2d 576, 32 Ala. App. 64, 1945 Ala. App. LEXIS 314 (Ala. Ct. App. 1945).

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Opinion

BRICKEN, Presiding Judge.

An appropriate motion has been filed in this case by the State and this motion is hereby approved and granted. The motion is based upon indisputable facts, transmitted through regular and legal channels, and discloses conclusively that the judgment of conviction from which this appeal was taken is wrong and unjust. In consequence said judgment is hereby reversed, and under the provisions of Section 390, Title 15, Code of Alabama 1940, a judgment is. here rendered discharging the defendant (appellant) from further custody in this proceeding. Said Section of the Code, reads as follows: “If the judgment is reversed, the supreme court or the court of appeals may order a new trial, or that the defendant be discharged, or that he be held in custody until discharged by due course of law, or make such other order as the case may require; and if the defendant is ordered to be discharged, no forfeiture can be taken on his undertaking of bail.”

Reversed and rendered. Appellant discharged.

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BRICKEN, Presiding Judge.

An appropriate motion has been filed in this case by the State and this motion is hereby approved and granted. The motion is based upon indisputable facts, transmitted through regular and legal channels, and discloses conclusively that the judgment of conviction from which this appeal was taken is wrong and unjust. In consequence said judgment is hereby reversed, and under the provisions of Section 390, Title 15, Code of Alabama 1940, a judgment is. here rendered discharging the defendant (appellant) from further custody in this proceeding. Said Section of the Code, reads as follows: “If the judgment is reversed, the supreme court or the court of appeals may order a new trial, or that the defendant be discharged, or that he be held in custody until discharged by due course of law, or make such other order as the case may require; and if the defendant is ordered to be discharged, no forfeiture can be taken on his undertaking of bail.”

Reversed and rendered. Appellant discharged.

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Bluebook (online)

21 So. 2d 576, 32 Ala. App. 64, 1945 Ala. App. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicarello-v-state-alactapp-1945.