Terry v. City of Decatur

W. J. HARALSON, Supernumerary Circuit Judge.

The appeal from a conviction of driving while intoxicated was submitted in this court on October 26, 1972. On October 20, 1972, motion to dismiss was filed by the Appellee on the ground that no citation of appeal, as required by Title 7, Section 801, Code 1940, Recompiled 1958, appears in the record and that the record does not show that a citation was ever issued by the clerk, as required by that section.

Brief was filed by the appellant on October 3, 1972, and by the attorneys for the appellee on October 26, 1972. The record shows an assignment of…