Hines v. State

CATES, Judge.

The Attorney General has moved that w\. grant an “out-of-term [sic ‘time’?]” appeal in this cause.

I

On May 11, 1971 the former appeal was affirmed without opinion. No application for rehearing was filed.

On June 30, 1971 the October 1970-71 term of this Court expired. This Court lost all jurisdiction of the appeal. Ex parte Hoback, 44 Ala.App. 613, 217 So.2d 826.

In Alabama a defendant — who has the over generous span of six months to make up his mind to appeal or not to appeal— gets but one appeal. Here that has been done. On the record filed in this Court there was no…