Legal Opinion · Dissent

St. John v. State

Court of Criminal Appeals of Alabama

Decided May 2, 1978No. 7 Div. 329Published

1DissentBookout, Judge

I dissent from the reinstatement of the appeal and express no opinion on the merits of the case as written to in the majority decision.

As I stated in my dissenting opinion in Cantrell v. State, Ala.Cr.App., 353 So.2d 80, at 83 (1977):

“ ‘An appeal is not a matter of vested right, but by the grace of statute, and must be perfected pursuant to the time and manner prescribed in the controlling statute, and if the requirements of such statute are not met, the appeal must be dismissed. . . . ’ LeFlore v. State ex rel. Moore, 288 Ala. 310, 260 So.2d 581 (1972), cert. denied, 409 U.S. 1007, 93 S.Ct.…

2Cases cited6 opinions

  1. LeFlore v. State Ex Rel. MooreSupreme Court of Alabama · 1972
  2. Ellison v. StateCourt of Criminal Appeals of Alabama · 1975
  3. Ex Parte MitchellCourt of Criminal Appeals of Alabama · 1974
  4. Mitchell v. StateSupreme Court of Alabama · 1975
  5. Cantrell v. StateCourt of Criminal Appeals of Alabama · 1977

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