Smith v. State

Alabama Court of Appeals

Smith v. State

148 So. 2d 653, 41 Ala. App. 661

CourtAlabama Court of Appeals

DecidedJanuary 8, 1963

Docket8 Div. 843

StatusPublished

Cited by1 cases

This text of 148 So. 2d 653 (Smith 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

Smith v. State, 148 So. 2d 653, 41 Ala. App. 661 (Ala. Ct. App. 1963).

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Opinion

PRICE, Presiding Judge,

The offense charged against this appellant was resisting two officers of the City of Russellville. The prosecution originated in the county court, and upon conviction there he appealed to the circuit court.

In the circuit court there was no statement of the case by the solicitor, or a waiver of the same as is required by Title 15, Section 363, Code 1940. In the absence of a complaint, or a waiver thereof, the circuit court was without jurisdiction to proceed with the trial. The judgment must be reversed and the cause remanded. Davis v. State, 26 Ala.App. 63, 152 So. 612; Stewart v. State, 26 Ala.App. 78, 153 So. 296; Bonds v. State, 28 Ala.App. 194, 180 So. 735; Gamble v. State, 32 Ala.App. 550, 27 So.2d 880.

Reversed and remanded.

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PRICE, Presiding Judge,

The offense charged against this appellant was resisting two officers of the City of Russellville. The prosecution originated in the county court, and upon conviction there he appealed to the circuit court.

In the circuit court there was no statement of the case by the solicitor, or a waiver of the same as is required by Title 15, Section 363, Code 1940. In the absence of a complaint, or a waiver thereof, the circuit court was without jurisdiction to proceed with the trial. The judgment must be reversed and the cause remanded. Davis v. State, 26 Ala.App. 63, 152 So. 612; Stewart v. State, 26 Ala.App. 78, 153 So. 296; Bonds v. State, 28 Ala.App. 194, 180 So. 735; Gamble v. State, 32 Ala.App. 550, 27 So.2d 880.

Reversed and remanded.

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Bluebook (online)

148 So. 2d 653, 41 Ala. App. 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-alactapp-1963.

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