Howell v. State

Alabama Court of Appeals

Howell v. State

84 So. 774, 17 Ala. App. 377, 1920 Ala. App. LEXIS 56

CourtAlabama Court of Appeals

DecidedApril 6, 1920

Docket2 Div. 218.

StatusPublished

Cited by1 cases

This text of 84 So. 774 (Howell 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

Howell v. State, 84 So. 774, 17 Ala. App. 377, 1920 Ala. App. LEXIS 56 (Ala. Ct. App. 1920).

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Opinion

SAMFORD, J.

The charge as shown by the complaint filed was not within the jurisdiction of the justice of the peace. Code 1907, §,6733. The jurisdiction of the circuit court in this case is. predicated and dependent upon the jurisdiction of the justice of the peace. It follows, therefore, that the judgment of the circuit court was a nullity and will not support an appeal. The appeal is dismissed on authority of Martin v. State, 156 Ala. 89, 47 South. 104.

Appeal dismissed.

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SAMFORD, J.

The charge as shown by the complaint filed was not within the jurisdiction of the justice of the peace. Code 1907, §,6733. The jurisdiction of the circuit court in this case is. predicated and dependent upon the jurisdiction of the justice of the peace. It follows, therefore, that the judgment of the circuit court was a nullity and will not support an appeal. The appeal is dismissed on authority of Martin v. State, 156 Ala. 89, 47 South. 104.

Appeal dismissed.

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Bluebook (online)

84 So. 774, 17 Ala. App. 377, 1920 Ala. App. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-state-alactapp-1920.

Opinion

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