Summary
In Jones there appeared on the back of the appearance bond form a printed statement unsigned by the defendant or his counsel stating, "I hereby demand a jury for the trial of this cause in the circuit court.
Summary of this case from Parker v. StateOpinion
4 Div. 266.
November 17, 1936. Rehearing Denied December 15, 1936.
Appeal from Circuit Court, Pike County; W. L. Parks, Judge.
J. Shelby Jones was convicted of carrying a concealed pistol, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Jones v. State, 233 Ala. 312, 171 So. 760.
L. H. Walden, of Montgomery, for appellant.
An indorsement on the appeal bond that defendant demands a jury is sufficient, whether signed or not. Ex parte City of Florala, 216 Ala. 351, 113 So. 312; Jones v. Morrow 21 Ala. App. 326, 108 So. 81; Code 1923, § 8598; Carter v. Tenn. C. I. R. Co., 180 Ala. 367, 61 So. 65; Western Union Tel. Co. v. Merrill, 144 Ala. 618, 39 So. 121; Ex parte Florida N. T. Co., 201 Ala. 97, 77 So. 391.
A. A. Carmichael, Atty. Gen., for the State.
Brief did not reach the Reporter.
This cause was submitted in this court November 5, 1936, on the record and without a bill of exceptions. On review by this court, it was ascertained that the proceedings in the circuit court were regular and that there was no error apparent. Therefore, on November 17, 1936, the judgment was affirmed without opinion.
Application is now made for rehearing on the ground that there appeared on the back of the appeal bond from the county court a printed statement, unsigned by either the defendant or counsel representing him, these words: "I hereby demand a jury for the trial of this cause in the circuit court."
If such printed statement be in fact upon the appeal bond, as set out in appellant's brief and which we do not doubt, it does not appear in the record, and, in the absence of such statement from the record, the question cannot be here considered. However, we will say that the mere appearance of a printed form on the back of an appeal bond, unsigned either by the defendant or an attorney representing him, is not sufficient to meet the requirements of the statute.
The application for rehearing is overruled.
Application overruled.