Robison v. State

BOULDIN, Justice.

The case of Campbell v. State, 238 Ala. 439, 191 So. 812, is not to be construed as a denial of the power of the Court of Appeals, as an appellate court, on reversal of the judgment of conviction, to discharge the accused in a proper case. The statutes recognize or confer such power. Code 1923, §§ 3258, 3259.

In the Campbell case, the Court of Appeals had erroneously held that the affidavit upon which the prosecution was had was void, and no judgment of conviction could be had thereon. For this reason, as we construed the opinion, it was held there could be no conviction on…