Lampley v. State
Alabama Court of Appeals
Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. Dave Lampley was convicted of violating the prohibition law, and he appeals. Counsel discusses the merits of the appeal, with citation of authority, but in view of the opinion it is not deemed necessary to set them out. On the motion to dismiss the appeal counsel insists that it came too late, as it was not made- within the time limited by rule 41. — Peters v. Nolan, 57 South. 398; Martin Mach.
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Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. Dave Lampley was convicted of violating the prohibition law, and he appeals. Counsel discusses the merits of the appeal, with citation of authority, but in view of the opinion it is not deemed necessary to set them out. On the motion to dismiss the appeal counsel insists that it came too late, as it was not made- within the time limited by rule 41. — Peters v. Nolan, 57 South. 398; Martin Mach. Whs. v. Miller, 136 Ala. 629; Street v. Street, 113 Ala. 333. The duty of the clerk to transmit a transcript does not arise until the bill…
1Opinion of the Court
ub GRAFFENRIED, J.
1. The defendant Avas tried and convicted of a violation of the prohibition law, in the circuit court of Dale county, on April 21, 1911, and on that day gave notice of an appeal to this court. His sentence was thereupon suspended by the trial court pending the appeal, and so far as the record discloses *25the defendant, since that time, has been out of the custody of the sheriff on bond. The bill of exceptions in the case was signed by the presiding judge on the 15th day of July, 1911, and no explanation is given of the defendant’s failure to have his transcript filed in this…
2Cases cited1 opinion
- Powell v. StateAlabama Court of Appeals · 1912
3Cited by9 opinions
- Graham v. StateAlabama Court of Appeals · 1941
- Powell v. StateAlabama Court of Appeals · 1912
- Dorough v. StateAlabama Court of Appeals · 1941
- Rivers v. StateAlabama Court of Appeals · 1915
- Williams v. StateAlabama Court of Appeals · 1912
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