Worrell v. State
Alabama Court of Appeals
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. DeWitt Worrell was under indictment, and the state offered, before proceeding to trial, to substitute a part of the record. The court granted the motion and defendant appeals.
1Opinion of the Court
BROWN, J.—
(1-3) This is an appeal under section 5744, Code 1907, from an order of the circuit court substituting a part of the record in a pending cause. On a like appeal under the provisions of section 2652 of the Code of 1896, corresponding with section 5744, supra, it was ruled that an appeal would not lie under that section in advance of final judgment in the cause. —Ala. City, Gadsden & Attalla Ry. Co. v. Ventress, 149 Ala. 658, 42 South. 1017. Section 2652 of the Code of 1896 provided for an appeal only from “any order of a court of record, granting -or refusing substitution under the…
2Cases cited5 opinions
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- Whitney v. Jasper Land Co.Supreme Court of Alabama · 1898
- Pruit v. PruitSupreme Court of Alabama · 1869
- Alabama City, Gadsden & Attalla Ry. Co. v. VentressSupreme Court of Alabama · 1907
- McMahan v. BrowneSupreme Court of Alabama · 1914
3Cited by1 opinion
- Wise v. StateSupreme Court of Alabama · 1922