Opinion
5 Div. 746.
June 18, 1929.
Appeal from Circuit Court, Chambers County; W. B. Bowling, Judge.
Bill James was convicted of recklessly driving a vehicle on the public roads, and he appeals. Reversed and remanded.
The record sets forth an affidavit made by one Roberts before G. R. Micou, a justice of the peace, charging defendant with the offense in question, and a warrant for the arrest of defendant, returnable "before Judge C. E. Fuller," issued by said justice of the peace. The return of the sheriff shows execution of the warrant by arresting defendant and committing him to jail.
Under the caption "Judgment County Court," the following appears:
"The State of Alabama v. Bill James. No. 4104. In the Circuit Court, Chambers County, Alabama. August 6th, 1928. Defendant pleads not guilty. After hearing the evidence defendant is adjudged guilty by the court and fine assessed $100.00. Defendant appeals to Circuit Court."
Immediately following the matter above quoted is the charge or complaint of the solicitor and other proceedings in the circuit court.
Paul J. Hooton, of Roanoke, for appellant.
There must be a transcript from the county court to the circuit court or an appeal bond from the county court to the circuit court, before the circuit court obtains jurisdiction. Code 1923, §§ 3837, 3839; Russau v. State, 15 Ala. App. 120, 72 So. 596; Ford v. State, 20 Ala. App. 67, 100 So. 917; Hall v. State, 19 Ala. App. 178, 95 So. 905.
Charlie C. McCall, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
The prosecution was begun by affidavit before a justice of the peace upon which he issued a warrant charging "reckless driving" returnable to the county court. There appears in this record no semblance of compliance with sections 3837 and 3839 of the Code of 1923. Neither is there any attempted compliance with the rule recognized in Ex parte State ex rel. Attorney General, 210 Ala. 458, 98 So. 708. Failing in this there is nothing in the record to support the statement of the solicitor upon which the case was tried in the circuit court.
There has been some uncertainty in the decisions on this question, but all of the decisions are to the effect that the circuit court must acquire jurisdiction in this class of cases, by appeal, which must appear either by a compliance with section 3837 or section 3839 of the Code of 1923.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.