Legal Opinion

Bunn v. State

Alabama Court of Appeals

Decided September 5, 1967No. 6 Div. 311PublishedCited by 3 opinions

1Opinion of the Court

CATES, Judge.

The record in this appeal omits wholly any declaration of the organization of the court whence it comes. This appeal *69being thus abortive must, therefore, be dismissed.

The organization of the trial court must be shown at the beginning of the transcript for an appeal. A form for such showing is set forth in Supreme Court Rule 24.

The lack of such a declaration is jurisdictional and appellate courts take notice thereof ex mero motu. McPherson v. Stallworth, 262 Ala. 367, 78 So.2d 924; West v. Camp, 264 Ala. 644, 89 So.2d 170; Barnes v. Salter, 270 Ala. 110, 116 So.2d 748; Sparrow v.…

2Cases cited8 opinions

  1. McPherson v. StallworthSupreme Court of Alabama · 1955
  2. West v. CampSupreme Court of Alabama · 1956
  3. Tidwell v. StateAlabama Court of Appeals · 1961
  4. Barnes v. Rebecca Pouncy SalterSupreme Court of Alabama · 1959
  5. City of Demopolis v. AtkeisonAlabama Court of Appeals · 1912

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hall v. StateCourt of Criminal Appeals of Alabama · 1973
  2. Cassidy v. StateCourt of Criminal Appeals of Alabama · 1971
  3. Morrison v. StateAlabama Court of Appeals · 1969

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