Holland v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Will Holland was convicted of arson in the second degree for attempting to burn a buggy house within the curtilage of the dwelling of one J. W. Helms, and he appeals. The appeal was taken within twelve months, and defendant is entitled to have the merits passed upon.- — Porter v. State, 146 Ala. 36; Rule 42, Sup. Ct. Pr.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Will Holland was convicted of arson in the second degree for attempting to burn a buggy house within the curtilage of the dwelling of one J. W. Helms, and he appeals. The appeal was taken within twelve months, and defendant is entitled to have the merits passed upon.- — Porter v. State, 146 Ala. 36; Rule 42, Sup. Ct. Pr. Counsel insist that the indictment charged two offenses, one a misdemeanor and one a felony, and that hence, it was bad. — Secs. 7149, 7150, 7151, Code 1907; 1 Mayf. 433; Handy v. State, 121 Ala. 13; Hornsby v.…
1Opinion of the CourtPelham, J.
This case has heretofore been before this court on a transcript failing to show a finding or judgment of guilt, and the appeal was dismissed because the record did not contain the necessary requisites in these particulars to authorize a consideration of the matters sought to be presented by the appeal. — Holland v. State, 10 Ala. App. 238, 64 South. 649. Under the ruling in Porter v. State, 146 Ala. 36, 41 South. 421, *166the appellant is entitled, to have the merits of his case considered and passed upon on the present record, showing this appeal to be taken within 12 months from the date of the…
2Cases cited5 opinions
- Cook v. StateSupreme Court of Alabama · 1887
- Curkendall v. PeopleMichigan Supreme Court · 1877
- Porter v. StateSupreme Court of Alabama · 1906
- State v. StewartSupreme Court of Connecticut · 1825
- Holland v. StateAlabama Court of Appeals · 1914
3Cited by6 opinions
- Craven v. StateAlabama Court of Appeals · 1927
- Joyner v. StateDistrict Court of Appeal of Florida · 1974
- De Mouy v. JepsonSupreme Court of Alabama · 1951
- McNutt v. StateAlabama Court of Appeals · 1929
- Hobbie v. VanceSupreme Court of Alabama · 1974
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