Rackley v. State

The appellant was convicted in the county court of Lee county, on a charge of unlawfully having in his possession intoxicating liquors, and appealed to the circuit Court. In vacation, the circuit judge entered an order affirming the judgment of the county court; this order expressly reciting that it was made and entered in vacation. On appeal to this court, the appellant assigns as error the action of the circuit judge in hearing and determining his appeal in vacation.

The original county court act, section 5, chapter 131, Laws of 1926, provided that the circuit judge might hear appeals from…