Clark v. State
Alabama Court of Appeals
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Ida Clark was convicted of manslaughter in the first degree, and she appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Ida Clark was convicted of manslaughter in the first degree, and she appeals. The record fails to contain any statement of where or when the court was held or who presided thereat, but begins by setting out the indictment and the pleas interposed by the defendant, and then follows the bill of exceptions which states that the cause coming on for hearing at the spring term, 1912, of the circuit court of Coffee county, Ala., on March 27, 1912, the following proceedings were had: “The bill is signed by H. A. Pearce, judge.” Counsel…
1Opinion of the Court
: - THOMAS, J.
— “The record in this case does not show that the court was held at the place designated by law, or that it was convened or presided over by a judge authorized to hold it. The appeal must be dismissed because of failure of the record to show that the judgment .appealed from was rendered by a court organized pursuant to law.” — Grantham v. State, 3 Ala. App. 168, 57 South. 1025; Thomas v. Daniel, 42 South. 623; McPherson v. Wiggins, 40 South. 961; Sam Bowen v. State, Infra, 62 South. 994; 2 Cyc. 1033.
Appeal (Jismissed.
2Cases cited2 opinions
- Grantham v. StateAlabama Court of Appeals · 1912
- Cheshire v. StateAlabama Court of Appeals · 1913
3Cited by7 opinions
- Rushing v. StateAlabama Court of Appeals · 1959
- Hodges v. StateAlabama Court of Appeals · 1969
- Thorn v. StateSupreme Court of Alabama · 1957
- Lipscomb v. StateAlabama Court of Appeals · 1953
- Lipscomb v. StateAlabama Court of Appeals · 1953
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