It is appellant's duty to see that the record on appeal is correct. See, e. g., Orum v. State, 286 Ala. 679, 245 So.2d 831 (1971); Shadle v. State, 280 Ala. 379, 194 So.2d 538 (1967); Henry v. Jackson, 279 Ala. 225, 184 So.2d 133 (1966); Hopkins v. State, 51 Ala. App. 510, 286 So.2d 920 (1973); Rushing v. State, 40 Ala. App. 361, 113 So.2d 527 (1959). See also, Flanagan v. Henderson, supra. The Attorney General had knowledge of the deficiency whether or not his awareness was called to the attention of the defendant's lawyer.
Robertson v. State, 29 Ala.App. 399, 197 So. 73 (1940). It is the appellant's duty to file a correct record. Tyus v. State, 347 So.2d 1377 (Ala.Crim.App. 1977) . . .; Rushing v. State, 40 Ala.App. 361, 113 So.2d 527 (1959)."
Robertson v. State, 29 Ala. App. 399, 197 So. 73 (1940). It is the appellant's duty to file a correct record. Tyus v. State, 347 So.2d 1377 (Ala.Cr.App. 1977), cert. den., 347 So.2d 1384 (Ala. 1977); Rushing v. State, 40 Ala. App. 361, 113 So.2d 527 (1959). Thus, the reviewing Court below erred in predicating error on the silent record.
This may well be true, but the burden to file a correct record is on the appellant. Rushing v. State, 40 Ala. App. 361, 113 So.2d 527. If the transcript is incorrect, the proper mode of correction is by a writ of certiorari, not by an ex parte statement in the brief of counsel. Morris v. State, 268 Ala. 60, 104 So.2d 810; Cash v. Usrey, 278 Ala. 313, 178 So.2d 91; Code 1940, Title 7, § 827(1), 827(4).
An appeal from a conviction of crime in a circuit court must be taken within six months after judgment is rendered, unless of course the court below retains jurisdiction by virtue of a motion for a new trial seasonably filed and kept alive by timely continuances, in which event the appeal may be taken within six months of the ruling on the motion for a new trial. Rushing v. State, 40 Ala. App. 361, 113 So.2d 527; Relf v. State, 267 Ala. 3, 99 So.2d 216. The papers were filed in this court by Pannell rather than in the circuit court, where they should have been filed.
" Bowlin v. Bowlin, 267 Ala. 655, 656, 104 So.2d 630, 631. See also: Rushing v. State, 40 Ala. App. 361, 113 So.2d 527. Appellant's petition for certiorari to perfect the record must be denied because he did not pursue the remedy provided by Rule 18 before submission.
Robertson v. State, 29 Ala. App. 399, 197 So. 73 (1940). It is the appellant's duty to file a correct record. Tyus v. State, 347 So.2d 1377 (Ala.Crim.App. 1977), cert. den., 347 So.2d 1384 (Ala. 1977); Rushing v. State, 40 Ala. App. 361, 113 So.2d 527 (1959)."
Robertson v. State, 29 Ala. App. 399, 197 So. 73 (1940). It is the appellant's duty to file a correct record. Tyus v. State, 347 So.2d 1377 (Ala.Cr.App. 1977), cert. den., 347 So.2d 1384 (Ala. 1977); Rushing v. State, 40 Ala. App. 361, 113 So.2d 527 (1959)."
it is the appellant's duty to file a correct record. Tyus v. State, 347 So.2d 1377 (Ala.Cr.App. 1977), cert den., 347 So.2d 1384 (Ala. 1977); Rushing v. State, 40 Ala. App. 361, 113 So.2d 527 (1959)."
It is appellant's duty to file a correct record. Tyus v. State, 347 So.2d 1377 (Ala.Cr.App. 1977), cert. denied, 347 So.2d 1384 (Ala. 1977); Rushing v. State, 40 Ala. App. 361, 113 So.2d 527 (1959)."