James v. State

JOHNSON, Judge.

Prior to the submission of this case, the Attorney General filed a motion to strike the record on the ground that “there is no proper authentication of the record proper in this cause.”

Tit. 7, Sec. 767, Code 1940, provides, in part, that the transcript shall include the clerk’s “certificate that it is a complete transcript of all the proceedings in the cause.”

Supreme Court Rule 24 incorporates this requirement of Section 767, since it calls for inclusion in the transcript of “the certificate of the clerk to the correctness of the transcript.”

An appeal will be dismissed if the…