Carson v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Will Carson was indicted for violating the prohibition law and, failing to appear, his bond was declared forfeited. From a judgment rendered, on a day set for the hearing, forfeiture ivas declared final and absolute and defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Will Carson was indicted for violating the prohibition law and, failing to appear, his bond was declared forfeited. From a judgment rendered, on a day set for the hearing, forfeiture ivas declared final and absolute and defendant appeals. The finding of the court on the facts is the equivalent of the verdict of the jury, and not subject to review on appeal. —Mayhall v. The State, 146 Ala. 124; Boyd v. The State, 88 Ala. 169.
1Opinion of the Court
PELHAM, J. —
This appeal is from a judgment of the city court of Anniston making absolute a forfeiture on an undertaking of bail in a criminal case.
Under the statute (Code, § 6359), whenever there has been a conditional judgment rendered against the parties to the undertaking, and the defendants appear, it is for the court to determine if the excuse is or is not a sufficient showing upon which the conditional judgment should be set aside. The court, then, in. determining this fact, sits as a jury, and its findings on the weight and credibility of the evidence when it is in conflict will not be…
2Cases cited8 opinions
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- State v. CrosbySupreme Court of Alabama · 1896
- Montgomery Lodge No. 596, B. P. O. E. v. MassieSupreme Court of Alabama · 1909
- Millner v. StateSupreme Court of Alabama · 1907
- Minchener v. RobinsonSupreme Court of Alabama · 1910
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