Miles v. State

Alabama Court of Appeals

Miles v. State

126 So. 894, 23 Ala. App. 459, 1930 Ala. App. LEXIS 84

CourtAlabama Court of Appeals

DecidedMarch 18, 1930

Docket8 Div. 67.

StatusPublished

This text of 126 So. 894 (Miles 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

Miles v. State, 126 So. 894, 23 Ala. App. 459, 1930 Ala. App. LEXIS 84 (Ala. Ct. App. 1930).

Pincite

Opinion

RICE, J.

Appellant, according to the judgment entry contained in the record filed here on appeal, was convicted of the offense of violating the prohibition laws, and assessed a fine of $50. The said judgment entry recites that he was tried under an indictment, etc. But there i^ no indictment shown by the transcript.

Nor is there anything shown by said transcript which would authorizé the court to place appellant on trial, or to render judgment of conviction against him. It might be guessed that the appellant was convicted according to the due processes of law, but we are not warranted here in indulging in guesses.

The judgment of conviction is reversed, and the cause remanded.

Reversed and remanded.

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RICE, J.

Appellant, according to the judgment entry contained in the record filed here on appeal, was convicted of the offense of violating the prohibition laws, and assessed a fine of $50. The said judgment entry recites that he was tried under an indictment, etc. But there i^ no indictment shown by the transcript.

Nor is there anything shown by said transcript which would authorizé the court to place appellant on trial, or to render judgment of conviction against him. It might be guessed that the appellant was convicted according to the due processes of law, but we are not warranted here in indulging in guesses.

The judgment of conviction is reversed, and the cause remanded.

Reversed and remanded.

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Bluebook (online)

126 So. 894, 23 Ala. App. 459, 1930 Ala. App. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-state-alactapp-1930.