Courson v. State

Alabama Court of Appeals

Courson v. State

93 So. 223, 18 Ala. App. 538, 1922 Ala. App. LEXIS 205

CourtAlabama Court of Appeals

DecidedMay 30, 1922

Docket5 Div. 372.

StatusPublished

Cited by7 cases

This text of 93 So. 223 (Courson 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

Courson v. State, 93 So. 223, 18 Ala. App. 538, 1922 Ala. App. LEXIS 205 (Ala. Ct. App. 1922).

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Opinion

MERRITT, J.

The appeal in this case is on the record, without a bill of exceptions. The record contains an affidavit charging a violation of the prohibition law, and the warrant is made returnable before the county court of Russell county. The judgment of the circuit court of Russell county recites a trial in said court on a warrant, but there ■is no judgment of the county court in the record, nor appeal bond from the county court to the circuit court, and from aught appearing in the record the prosecution is still pending in the county court. There is nothing in the record to support the judgment in the circuit court. In line, therefore, with the uniform holding in this court, the judgment appealed from must be reversed. Haynes v. State, 5 Ala. App. 167, 59 South. 325; Jacobs v. State, 17 Ala. App. 396, 85 South. 837; Mims v. State, 17 Ala. App. 276, 84 South. 394; Guin v. State, 17 Ala. App. 293, 84 South. 883.

Reversed and remanded.

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MERRITT, J.

The appeal in this case is on the record, without a bill of exceptions. The record contains an affidavit charging a violation of the prohibition law, and the warrant is made returnable before the county court of Russell county. The judgment of the circuit court of Russell county recites a trial in said court on a warrant, but there ■is no judgment of the county court in the record, nor appeal bond from the county court to the circuit court, and from aught appearing in the record the prosecution is still pending in the county court. There is nothing in the record to support the judgment in the circuit court. In line, therefore, with the uniform holding in this court, the judgment appealed from must be reversed. Haynes v. State, 5 Ala. App. 167, 59 South. 325; Jacobs v. State, 17 Ala. App. 396, 85 South. 837; Mims v. State, 17 Ala. App. 276, 84 South. 394; Guin v. State, 17 Ala. App. 293, 84 South. 883.

Reversed and remanded.

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Bluebook (online)

93 So. 223, 18 Ala. App. 538, 1922 Ala. App. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courson-v-state-alactapp-1922.

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