From Casetext: Smarter Legal Research

Borders v. State

Court of Appeals of Alabama
Jun 11, 1935
162 So. 136 (Ala. Crim. App. 1935)

Opinion

4 Div. 105.

June 11, 1935.

Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.

Clem Borders was convicted of an offense, and he appeals.

Reversed and remanded.

P. B. Traweek, of Elba, for appellant.

A. A. Carmichael, Atty. Gen., for the State.


It is provided in the act creating the court in which this prosecution was begun that, upon appeal (after conviction) to the circuit court, the solicitor "shall make a brief statement of the cause of complaint signed by him, in substantially the form prescribed by section 3843 of the Code" of Alabama of 1923. Loc. Acts 1931, p. 190, § 14. We find this was not done in this case, and, under our practice, the judgment must be reversed and the cause remanded. Collins v. State, 19 Ala. App. 516, 98 So. 488.

It is so ordered.

Reversed and remanded.


Summaries of

Borders v. State

Court of Appeals of Alabama
Jun 11, 1935
162 So. 136 (Ala. Crim. App. 1935)
Case details for

Borders v. State

Case Details

Full title:BORDERS v. STATE

Court:Court of Appeals of Alabama

Date published: Jun 11, 1935

Citations

162 So. 136 (Ala. Crim. App. 1935)
162 So. 136

Citing Cases

Johnson v. State

A defendant in a criminal case is never regarded as having been in legal jeopardy, when the indictment is so…

Young v. City of Hokes Bluff

Moss has been cited by a number of later cases for the proposition that " '[w]here a criminal case is tried…