Legal Opinion

Ex parte Williams

Supreme Court of Alabama

Decided April 8, 1913PublishedCited by 19 opinions

Original petition in the Supreme Court. Petition by Savannah Williams for certiorari or other remedial writ to the Court of Appeals to review the judgment of that court dismissing the appeal, in the case of Savannah Williams v. State. The appellate court erred in its judgment dismissing petitioner’s appeal.

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Original petition in the Supreme Court. Petition by Savannah Williams for certiorari or other remedial writ to the Court of Appeals to review the judgment of that court dismissing the appeal, in the case of Savannah Williams v. State. The appellate court erred in its judgment dismissing petitioner’s appeal. Secs. 6255, Code 1907. — Ex parte Knight, 61 Ala. 483; Ex parte Cameron, 81 Ala. 87. The appellate Court properely dismissed the appeal and its judgment should be affirmed. — Williams v. State, 6 Ala. App. 16, and authorities there cited.

1Opinion of the CourtSayre, J.

In our recent case of Campbell v. State, infra, 62 South. 57, we had something to say of the general question raised by this application for a certiorari to the Court of Appeals. We did not deny the existence of a discretion in the court to dismiss an appeal in a criminal case where it is made to appear that undue delay in having the appeal presented for decision is fairly chargeable to neglect on the part of defendant, or counsel representing him, rather than to the dereliction of the clerk of the trial court in preparing the transcript and lodging it in the appellate court, or, as the…

2Cases cited3 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1913
  2. Ex parte SteversonSupreme Court of Alabama · 1912
  3. Ex parte StateSupreme Court of Alabama · 1912

3Cited by19 opinions

  1. Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
  2. Stallings v. StateSupreme Court of Alabama · 1946
  3. Rochester-Hall Drug Co. v. BowdenSupreme Court of Alabama · 1928
  4. Kirkwood v. StateSupreme Court of Alabama · 1913
  5. White v. StateAlabama Court of Appeals · 1915

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