Swain v. State
Alabama Court of Appeals
Murder. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. John Swain was convicted of murder in tbe second degree and be appeals. Counsel discuss tbe case on its merits, but in view of tbe opinion, it is not deemed necessary to bere set it out. On tbe question of tbe time of taking tbe appeal, and of tbe action of the court in dismissing tbe same, counsel cite sections 2870, 6255, 3019, Code 1907; Powell v. The State, 59 South. 328.
1Opinion of the CourtPelham, J.
Tbe appeal in this case was dismissed on motion of tbe appellee, the state of Alabama, acting through its duly constituted officer for that purpose, tbe Attorney General. The motion was based on tbe ground that tbe appellant bad failed to file tbe transcript in time, and bad not taken any steps looking to a prosecution of tbe appeal in this court during tbe period tbe appeal was returnable bere. Tbe appellant has filed an application for rehearing, insisting that tbe order of dismissal entered on tbe Attorney General’s motion was improperly made.
Tbe transcript in this case was filed bere for…
2Cases cited7 opinions
- White v. StateSupreme Court of Alabama · 1901
- Porter v. MartinSupreme Court of Alabama · 1903
- Powell v. StateAlabama Court of Appeals · 1912
- Sears v. KirkseySupreme Court of Alabama · 1886
- Southern Ry. Co. v. Abraham Bros.Supreme Court of Alabama · 1909
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3Cited by4 opinions
- Upshaw v. StateAlabama Court of Appeals · 1914
- Campbell v. StateSupreme Court of Alabama · 1913
- Jones v. HigginsAlabama Court of Appeals · 1914
- Rivers v. StateAlabama Court of Appeals · 1915