State v. Cagle

164 So. 2d 512, 42 Ala. App. 344
Alabama Court of Appeals·Decided May 12, 1964·No. 1 Div. 987·Published·Cited by 6 cases

Opinion

PRICE, Presiding Judge.

This is an attempted appeal by the State from a judgment discharging the defendant in a criminal case.

The State is not entitled to appeal in a criminal case in the absence of a judgment of the trial court holding the statute under which the indictment or information was preferred to be unconstitutional. Section 370, Title 15, Code of Alabama 1940; State v. Pike, 36 Ala.App. 267, 54 So.2d 638.

Appeal dismissed.

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State v. Cagle, 164 So. 2d 512, 42 Ala. App. 344 (Ala. Ct. App. 1964).

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