Gamble v. State

Alabama Court of Appeals

Gamble v. State

27 So. 2d 880, 32 Ala. App. 550, 1946 Ala. App. LEXIS 295

CourtAlabama Court of Appeals

DecidedNovember 19, 1946

Docket7 Div. 860.

StatusPublished

Cited by5 cases

This text of 27 So. 2d 880 (Gamble 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

Gamble v. State, 27 So. 2d 880, 32 Ala. App. 550, 1946 Ala. App. LEXIS 295 (Ala. Ct. App. 1946).

Pincite

Opinion

CARR, Judge.

Appellant was charged with driving a motor vehicle on a highway of the State while intoxicated. The prosecution originated in the county court. Upon conviction there, appellant appealed to the circuit court.

The record discloses neither a statement of the case by the solicitor nor a waiver of same by the defendant below. That this mandatory requirement was not complied with is made certain by the clerk’s response to the writ of certiorari issued by this court on petition of the Attorney General. The clerk certified “that no Solicitor’s Complaint was filed and no waiver of the filing of said Complaint by the Appellant on file.”

In the absence of a complaint, or a waiver thereto, the circuit court was without jurisdiction to proceed with the trial. The judgment below must, therefore, be reversed and the cause remanded. Title 15, Sec. 363, Code 1940; Stewart v. State, 26 Ala.App. 78, 153 So. 296; Bonds v. State, 28 Ala.App. 194, 180 So. 735; Hagamaker v. State, 21 Ala.App. 345, 108 So. 262.

Reversed and remanded.

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