§ 16-88-209 — Transcript of records and proceedings

(a) Whenever any order shall be made for the removal of any cause under the provisions of this subchapter, the clerk of the court in which the cause is pending shall make out a full transcript of the records and proceedings in the cause, including the order of removal, the petition therefor, if any, and the recognizance of the defendant and of all witnesses. The clerk shall immediately transmit the transcript, duly certified under the seal of the court, to the clerk of the court to which the removal of the cause is ordered. (b) If the transcript shall not have been transmitted or shall not have been received on or before the first term of the court to which the cause is ordered removed, or if the transcript shall be lost or destroyed, the cause shall not, by reason thereof, abate or be discontinued, but the transcript, or another in lieu thereof, may be transmitted and filed as required by this subchapter at or before the next succeeding term of the court. Proceeding shall be had thereon as if no failure or loss had happened. (c) On the receipt of the transcript by the clerk of the court to which any cause is removed, the clerk shall file the transcript as a record of his court, and the same proceedings shall be had in the cause in the court, and in the same manner in all respects, as if the cause had originated there.

Legislative History

Crim. Code, §§ 424-426, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3096-3098; Pope's Dig., §§ 3926-3928; A.S.A. 1947, §§ 43-1510 -- 43-1512.