Gurley v. State

CATES, Judge.

This original proceeding comes labeled as:

“ * * * an appeal from the order of September, 15th 1964, denying a petition for writ of habeas corpus and dismissing same, rendered by the Circuit Court of Montgomery County, Alabama, Honorable Eugene W. Carter, Presiding.”

There seems to be a common misconception among convicted prisoners that merely noting an appeal into the appellate court serves to activate the trial court to send up the record. The practice in Alabama is vice versa. Code 1940, T. 15, § 369.

By way of gratuitous dictum, it would appear that the matters complained of…