Legal Opinion

Grantham v. State

Alabama Court of Appeals

Decided February 6, 1912PublishedCited by 8 opinions

Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Tom Grantham ivas convicted of violating the prohibition la.AV, and he appeals. The only tiling shoivn as to the organization of the court is as folloivs.

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Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Tom Grantham ivas convicted of violating the prohibition la.AV, and he appeals. The only tiling shoivn as to the organization of the court is as folloivs. State of Alabama, Coffee County, 1st Week, July Third, 1911. The sheriff turned into the court, the venire of the jurors regularly drawn for the first week of court, to Añt: (then follows names of jurors, and those ayIio were excused, and those who did not appear). In like manner the following were sworn and empannelled as jury No. 1 and jury No. 2, (here folloAArs their, names).…

1Opinion of the CourtWalker, P. 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 the failure of the record to show that the judgment appealed from was rendered by a court organized pursuant to law.—Thomas v. Daniel Bros., 42 South. 623; McPherson v. Wiggins, 40 South. 961; 2 Cyc. 1033.

Appeal dismissed.

2Cited by8 opinions

  1. Clark v. StateAlabama Court of Appeals · 1913
  2. City of Demopolis v. AtkeisonAlabama Court of Appeals · 1912
  3. Bowen v. StateAlabama Court of Appeals · 1913
  4. Gallahar v. Ingram & Co.Alabama Court of Appeals · 1913
  5. King v. Dearing-Orman Mercantile Co.Alabama Court of Appeals · 1919

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