Rowell v. State
Supreme Court of Alabama
Appeal from. Coffee County Court. Heard before Hon. J. N. Ham. Belle Rowell was convicted of defamation and she appeals. Counsel discuss the merits of the case as presented by the charges asked and refused, and exceptions to evidence and cites authorities in support thereof, but does not discuss the time within which the appeal was taken. Counsel insists that the appeal was taken more than twelve months after the judgment of conviction, and hence cannot be entertained.
1Opinion of the CourtDowdell, C. J.
It appears from the record that the present appeal ivas not taken until after the expiration of a year from the rendition of the judgment. The time within which an appeal can be taken in such a case is limited by the statute to one year. The appeal is therefore unauthorized, and this court is without jurisdiction to entertain it.—Dennis et al v. Currie, 142 Ala. 637, 38 South. 802; Blackburn v. Huber Mfg. Co., 135 Ala. 598, 33 South. 160. It follows that the appeal must be dismissed.
Appeal dismissed.
Anderson, Mayfield, and Sayre, JJ., concur.
2Cases cited2 opinions
- Blackburn v. Huber Manufacturing Co.Supreme Court of Alabama · 1902
- Dennis v. CurrieSupreme Court of Alabama · 1904
3Cited by3 opinions
- Boshell v. Phillips.Supreme Court of Alabama · 1922
- Whitehead v. StateAlabama Court of Appeals · 1918
- Wallace v. W. B. Folmar & SonsSupreme Court of Alabama · 1926