Legal Opinion

Holland v. State

Alabama Court of Appeals

Decided February 12, 1914PublishedCited by 1 opinion

Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Will Holland was convicted of arson and he appeals. Counsel discuss the appeal and the assignments of error based thereon, together with citation of authority, but in view of the opinion it is not deemed necessary to here set them out. Counsel insist that on the record there is nothing to support the appeal, and that it should be dismissed.

1Opinion of the CourtThomas, J.

The transcript in this case shows only an organization of the trial court, an indictment for arson in the second degree, a bill of exceptions, and the clerk’s certificate of appeal. The record shows no finding of guilt by the jury, no judgment of guilt or sentence by the court, and consequently no judgment of conviction that will support an appeal, and a dismissal must necessarily follow. — Perry v. State, 4 Ala. App. 70, 59 South. 230, and cases there cited; Palmer v. State, 168 Ala. 124, 53 South. 283.

Appeal dismissed.

2Cases cited2 opinions

  1. Palmer v. StateSupreme Court of Alabama · 1910
  2. Perry v. StateAlabama Court of Appeals · 1912

3Cited by1 opinion

  1. Holland v. StateAlabama Court of Appeals · 1914