McTyre v. State

Supreme Court of Alabama

McTyre v. State

64 So. 2d 601, 258 Ala. 637, 1953 Ala. LEXIS 136

CourtSupreme Court of Alabama

DecidedApril 16, 1953

Docket7 Div. 199

StatusPublished

Cited by7 cases

This text of 64 So. 2d 601 (McTyre v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McTyre v. State, 64 So. 2d 601, 258 Ala. 637, 1953 Ala. LEXIS 136 (Ala. 1953).

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Opinion

GOODWYN, Justice.

This is an appeal from an order of the Judge of the Circuit Court of Shelby County, Alabama, denying appellant bail in a habeas corpus proceeding.

The Attorney General has moved for dismissal of the appeal because the transcript does not contain a statement of the evidence and the judge’s ruling thereon, “certified to be correct by the judge or officer hearing the petition.” This is required by Code 1940, Title 15, § 369, as amended by Act No. 50, approved June 10, 1949, Gen. and Loc.Acts 1949, page 75. Failure to comply with this requirement has been held to be mandatory and to call for dismissal of the appeal. Thomas v. State, 34 Ala.App. 160, 161, 37 So.2d 245; Hughes v. State, 34 Ala.App. 657, 43 So.2d 321. Accordingly, an order is due to be entered dismissing the appeal in this case.' It is so ordered.

Appeal dismissed.

SIMPSON, STAKELY and MERRILL, JJ., concur.

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GOODWYN, Justice.

This is an appeal from an order of the Judge of the Circuit Court of Shelby County, Alabama, denying appellant bail in a habeas corpus proceeding.

The Attorney General has moved for dismissal of the appeal because the transcript does not contain a statement of the evidence and the judge’s ruling thereon, “certified to be correct by the judge or officer hearing the petition.” This is required by Code 1940, Title 15, § 369, as amended by Act No. 50, approved June 10, 1949, Gen. and Loc.Acts 1949, page 75. Failure to comply with this requirement has been held to be mandatory and to call for dismissal of the appeal. Thomas v. State, 34 Ala.App. 160, 161, 37 So.2d 245; Hughes v. State, 34 Ala.App. 657, 43 So.2d 321. Accordingly, an order is due to be entered dismissing the appeal in this case.' It is so ordered.

Appeal dismissed.

SIMPSON, STAKELY and MERRILL, JJ., concur.

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64 So. 2d 601, 258 Ala. 637, 1953 Ala. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mctyre-v-state-ala-1953.

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