Edwards v. State

Alabama Court of Appeals

Edwards v. State

115 So. 419, 22 Ala. App. 333, 1928 Ala. App. LEXIS 34

CourtAlabama Court of Appeals

DecidedFebruary 14, 1928

Docket7 Div. 400.

StatusPublished

This text of 115 So. 419 (Edwards 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

Edwards v. State, 115 So. 419, 22 Ala. App. 333, 1928 Ala. App. LEXIS 34 (Ala. Ct. App. 1928).

Pincite

Opinion

RICE, J.

Local act of the Legislature of Alabama approved July 22, 1927 (Loc. Acts Ala. 1927, p. 93), provides for the establishment of, and establishes, the De Kalb county court, a court of record, from which appeals lie to the Supreme Court and Court of Appeals. In the act creating this court its jurisdiction is defined, and the method of instituting prosecutions in criminal eases therein is outlined.

The instant appeal purports to be from a judgment of conviction for the offense of violating the prohibition íaws by having whisky in possession unlawfully.

In accordance with our statutory duty we have searched the record, arid we fail to find that the said De Kalb county court acquired jurisdiction of the case in any of the methods prescribed by the statute creating the court. This being the situation, it appears that the judgment of conviction is void, and will not support an appeal to this court.

The appeal is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

RICE, J.

Local act of the Legislature of Alabama approved July 22, 1927 (Loc. Acts Ala. 1927, p. 93), provides for the establishment of, and establishes, the De Kalb county court, a court of record, from which appeals lie to the Supreme Court and Court of Appeals. In the act creating this court its jurisdiction is defined, and the method of instituting prosecutions in criminal eases therein is outlined.

The instant appeal purports to be from a judgment of conviction for the offense of violating the prohibition íaws by having whisky in possession unlawfully.

In accordance with our statutory duty we have searched the record, arid we fail to find that the said De Kalb county court acquired jurisdiction of the case in any of the methods prescribed by the statute creating the court. This being the situation, it appears that the judgment of conviction is void, and will not support an appeal to this court.

The appeal is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

115 So. 419, 22 Ala. App. 333, 1928 Ala. App. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-alactapp-1928.