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Stewart v. State

153 So. 296, 26 Ala. App. 78, 1934 Ala. App. LEXIS 20
CourtAlabama Court of Appeals
DecidedMarch 6, 1934
Docket8 Div. 892.
StatusPublished
Cited by2 cases

This text of 153 So. 296 (Stewart 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
Stewart v. State, 153 So. 296, 26 Ala. App. 78, 1934 Ala. App. LEXIS 20 (Ala. Ct. App. 1934).

Opinion

SAMFORD, Judge.

The prosecution originated in the justice of the peace court, in which court defendant was convicted, from which conviction defendant appealed to the circuit court.

The record discloses no statement of the case by the solicitor, or a waiver of the same as is required by section 3843, Code 1923. In the absence of this statement, or a waiver thereof, the circuit court was without jurisdiction to proceed, and the judgment must be reversed and the cause remanded. Owens v. State, 19 Ala. App. 573, 99 So. 155.

Reversed and remanded.

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Related

Smith v. State
148 So. 2d 653 (Alabama Court of Appeals, 1963)
Gamble v. State
27 So. 2d 880 (Alabama Court of Appeals, 1946)

Cite This Page — Counsel Stack

Bluebook (online)
153 So. 296, 26 Ala. App. 78, 1934 Ala. App. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-state-alactapp-1934.