Guin v. State

84 So. 863, 17 Ala. App. 293, 1919 Ala. App. LEXIS 262
CourtAlabama Court of Appeals
DecidedDecember 16, 1919
Docket5 Div. 303.
StatusPublished
Cited by6 cases

This text of 84 So. 863 (Guin 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
Guin v. State, 84 So. 863, 17 Ala. App. 293, 1919 Ala. App. LEXIS 262 (Ala. Ct. App. 1919).

Opinion

MERRITT, J.

The defexxdant was convicted in the circuit court of violation of the prohibition law and appeals.

Prosecution was begun by affidavit sworn out before the probate judge and made returnable before him. A warrant of arrest was executed by arresting the defendant, and the record nowhere shows any disposition of the case in the county court. There is a judgment entry reciting that in the circuit court the defendant was found guilty on axi indictment. This clearly indicates, however, that the conviction was under an affidavit; but it nowhere appears in the' record how the case got from the county court to the circuit court, or how the circuit court acquired jurisdiction. There is no bill of exceptions in the record; but, it not appearing how the circuit court acquired jurisdiction, the case must be reversed. Mims v. State, ante, p. 276, 84 South. 394.

Reversed and remanded.

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Related

Worrell v. State
357 So. 2d 373 (Court of Criminal Appeals of Alabama, 1978)
James v. State
181 So. 709 (Alabama Court of Appeals, 1938)
Parrish v. State
129 So. 312 (Alabama Court of Appeals, 1930)
Upshaw v. State
96 So. 376 (Alabama Court of Appeals, 1923)
Hall v. State
95 So. 904 (Alabama Court of Appeals, 1923)
Courson v. State
93 So. 223 (Alabama Court of Appeals, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
84 So. 863, 17 Ala. App. 293, 1919 Ala. App. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guin-v-state-alactapp-1919.