Si Garrett, Atty. Gen., and L. E. Barton, Asst. Atty. Gen. (Thos. M. Haas, Montgomery, of counsel), for the State. Omission of certificate of trial judge of correctness of record requires dismissal of the appeal. Code 1940, Tit. 15, § 369; Acts 1949, p. 75; Morris v. State, 29 Ala. App. 396, 196 So. 750; Thomas v. State, 34 Ala. App. 160, 37 So.2d 245; Lynn v. Wright, 34 Ala. App. 492, 42 So.2d 484; Id., 252 Ala. 106, 42 So.2d 489. GOODWYN, Justice.
"Comes the State of Alabama by its Solicitor, comes the defendant also in his own proper person and pleads not guilty to the offense of speeding at night, and on hearing the evidence in this case, the Court is satisfied of the guilt of the defendant and hereby awards the following punishment; A Fine of $25.00 and cost. Defendant gives notice of appeal." There being no words of adjudication, the rule in Barnemann v. Morrison Woodward, 132 Ala. 638, 32 So. 649, Moss v. State, 140 Ala. 199, 37 So. 156, Perry v. State, 4 Ala. App. 70, 59 So. 230, and Morris v. State, 29 Ala. App. 396, 196 So. 750, requires that the appeal be Dismissed.
On appeal in a habeas corpus case the proceedings in the record must be certified to be correct by the judge or officer hearing the petition. Code 1940, Tit. 15, § 369; Callahan v. State, 33 Ala. App. 362, 33 So.2d 743; Code 1940, Tit. 15, § 369; Callahan v. State, 33 Ala. App. 362, 33 So.2d 743; Kitonis v. State, 33 Ala. App. 663, 34 So.2d 870; Cross v. Willis, 28 Ala. App. 271, 182 So. 480; Morris v. State, 29 Ala. App. 396, 196 So. 750; Downs v. Norris, 32 Ala. App. 381, 26 So.2d 418. The requirements of said statute are mandatory. Summers v. State, 31 Ala. App. 264, 15 So.2d 500; Id., 244 Ala. 672, 15 So.2d 502; Glenn v. Glenn, 21 Ala. App. 148,106 So. 226; Cross v. Willis, supra; Hurd v. Troy, 170 Ala. 113, 54 So. 495. CARR, Judge.
Without proof this court will not assume the contrary. As above indicated, the true and controlling presentment of the indictment was on February 28th. Then, too, there is no such judgment disposing of said plea as will support a review here. Morris v. State, 29 Ala. App. 396, 196 So. 750; Wilbanks v. Mitchell, 239 Ala. 167, 194 So. 513. Nor can error be rested on the exclusion from evidence of a photograph of the scene, taken by defendant thirty days after the commission of the crime.