Gladden v. State

Alabama Court of Appeals

Gladden v. State

166 So. 64, 27 Ala. App. 92, 1936 Ala. App. LEXIS 35

CourtAlabama Court of Appeals

DecidedFebruary 25, 1936

Docket7 Div. 169.

StatusPublished

This text of 166 So. 64 (Gladden 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

Gladden v. State, 166 So. 64, 27 Ala. App. 92, 1936 Ala. App. LEXIS 35 (Ala. Ct. App. 1936).

Pincite

Opinion

*93 RICE, Judge.

The indictment contained in the record sent up here on this appeal runs against “Bee Gladden.” The oral charge of the court set out in said record shows that “Bee Gladden” was 'tried. The appeal is taken by “Bee Gladden.” There is nothing in the bill of' exceptions, or elsewhere, but that shows that the one and only person put upon trial under the indictment, which is the basis of the proceedings, was “Bee Gladden.”

Yet, when we look for the judgment, which must be the foundation for the appeal, we find none against “Bee Gladden.”

There is in the record a “judgment entry” reciting that “W. C. Gladden” was tried and convicted on a day certain, therein named. tBut we are unable to say that “W. C. Gladden” and “Bee Gladden” are one and the same man. For all we can tell, the confusion may not be one merely of names, but of persons or records.

It seems that the appeal should be, and it is hereby, dismissed.

Appeal dismissed.

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