Dorsey v. State
Alabama Court of Appeals
Appeal from Circuit Court, Shelby County; W. M. Lackey, Judge. •A. D. Dorsey was convicted of unlawfully possessing a still, and moved for a new trial. From a judgment overruling the motion, he appeals. Notice of intention to appeal is not the prosecution of an appeal. State v. Preston, 30 Nev. 301', 95 Pac. 918, 97 Pac. 388; Acts 1915, p. 711, § 7; L. & N. v. Lile, 154 Ala. 556, 45 South. 699; Coats v. Elk’an & Co., 7 Ala.
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Appeal from Circuit Court, Shelby County; W. M. Lackey, Judge. •A. D. Dorsey was convicted of unlawfully possessing a still, and moved for a new trial. From a judgment overruling the motion, he appeals. Notice of intention to appeal is not the prosecution of an appeal. State v. Preston, 30 Nev. 301', 95 Pac. 918, 97 Pac. 388; Acts 1915, p. 711, § 7; L. & N. v. Lile, 154 Ala. 556, 45 South. 699; Coats v. Elk’an & Co., 7 Ala. App. 187, 60 South. 941. Appeal having been taken, the jurisdiction ,'Of the circuit court ceased. Smith v. State, 17 Ala. App. 565, 86 South. 120; Wade v. State, 18 Ala.…
1Opinion of the CourtSamford, J.
[1-3] Motion was made for a new trial on the ground that Jesse Comer was drawn and summoned as a juror to serve during the week of the court, that when called Jesse Carver answered and was qualified as a juror for the week. When defendant’s case was called and the lists were prepared and handed to defendant for the purpose of selecting a jury to try the case, one of the names was Jesse Comer, and, this name remaining as one of the 12, when called, Jesse Carver answered, and served as a juror trying defendant; the defendant being ignorant of the substitution. •These facts being established, it…
2Cases cited5 opinions
- Walker v. StateSupreme Court of Alabama · 1920
- Reed v. StateAlabama Court of Appeals · 1922
- Wade v. StateAlabama Court of Appeals · 1921
- Kimbrell v. StateAlabama Court of Appeals · 1922
- Smith v. StateAlabama Court of Appeals · 1920
3Cited by4 opinions
- Brown v. StateSupreme Court of Alabama · 1948
- Taylor v. StateSupreme Court of Alabama · 1930
- McLendon v. City of TroySupreme Court of Alabama · 1961
- Ex Parte DorseySupreme Court of Alabama · 1924