Johnson v. State

Alabama Court of Appeals

Johnson v. State

208 So. 2d 96, 44 Ala. App. 302, 1968 Ala. App. LEXIS 443

CourtAlabama Court of Appeals

DecidedMarch 5, 1968

Docket8 Div. 6

StatusPublished

This text of 208 So. 2d 96 (Johnson 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

Johnson v. State, 208 So. 2d 96, 44 Ala. App. 302, 1968 Ala. App. LEXIS 443 (Ala. Ct. App. 1968).

Pincite

Opinion

CATES, Judge.

The State had moved us to strike the entire record because of the failure to' establish a transcript of evidence in the trial court. See Supreme Court Rule 37. The Attorney General has cited no supporting authority for the motion to strike.

The trial court extended the time for filing the transcription of the court reporter’s shorthand notes with the circuit clerk until November 10, 1967. Thereafter, the record in toto became delinquent here after January 9, 1968. Relf v. State, 267 Ala. 3, 99 So.2d 216; Johnsey-Reed Bros. Coal Co. v. Sanders, 275 Ala. 339, 154 So.2d 923.

Hence, the filing of the record proper with the clerk of this court on December R 1967, was timely. The Attorney General's motion is not well taken and is due to be denied.

We have considered the record under Code 1940, T. 15, § 389, and consider the judgment below is due to be affirmed.

Motion denied; judgment below affirmed.

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