Palmer v. State
Alabama Court of Appeals
Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Hez Palmer was convicted under an indictment, and thereafter entered motion to vacate the judgment entry because made and entered after the adjournment of the term at which he was tried. From a judgment denying this motion he appeals.
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Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Hez Palmer was convicted under an indictment, and thereafter entered motion to vacate the judgment entry because made and entered after the adjournment of the term at which he was tried. From a judgment denying this motion he appeals. The judgment was void. — Winn v. McCraney, 46 South. 854. Motion to vacate was the proper remedy. — Gofer v. The State, 52 South. 935. The action of the appellant in filing an appeal bond before the entry of a judgment did not estop him from assailing the judgment entry as void. — Ayers v. The…
1Opinion of the Court
de.GRAFFENRIED, J.
At the August term, 1910, of the circuit court of Marion county, appellant ivas *267tried upon an indictment charging him with the offense of adultery; upon plea of not guilty, was convicted by the jury and fined the sum of '$100, and the court imposed 90 days hard labor as additional punishment for said offense on the appellant. Having during the progress of his trial reserved certain questions of law for the consideration of the Supreme Clourt, appellant prayed and was granted an appeal. He confessed judgment for the fine and costs in the case with certain sureties, and the…
2Cases cited6 opinions
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
- Ex parte JonesSupreme Court of Alabama · 1878
- Ex parte CameronSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Bowden v. StateAlabama Court of Appeals · 1923
- Yorty v. StateAlabama Court of Appeals · 1914
- Ex Parte CoursonAlabama Court of Appeals · 1919
- Palmer v. StateAlabama Court of Appeals · 1911