State v. Cagle
This text of 164 So. 2d 512 (State v. Cagle) 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.
Opinion
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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Cite This Page — Counsel Stack
164 So. 2d 512, 42 Ala. App. 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cagle-alactapp-1964.