Legal Opinion

Cassidy v. State

Court of Criminal Appeals of Alabama

Decided January 12, 1971No. 7 Div. 65Published

1Opinion of the Court

CATES, Judge.

The record in this appeal omits any declaration of the organization of the court whence it comes. This appeal being thus abortive must, therefore, be dismissed.

The organization of the trial court must be shown at the beginning of the transcript for an appeal. A form for such showing is set forth in Supreme Court Rule 24.

The lack of such a declaration is jurisdictional and appellate courts take notice thereof ex mero motu. McPherson v. Stallworth, 262 Ala. 367, 78 So.2d 924; West v. Camp, 264 Ala. 644, 89 So.2d 170; Barnes v. Salter, 270 Ala. 110, 116 So.2d 748; Sparrow v. Evans,…

2Cases cited7 opinions

  1. McPherson v. StallworthSupreme Court of Alabama · 1955
  2. West v. CampSupreme Court of Alabama · 1956
  3. Tidwell v. StateAlabama Court of Appeals · 1961
  4. Barnes v. Rebecca Pouncy SalterSupreme Court of Alabama · 1959
  5. Wilson v. StateSupreme Court of Alabama · 1963

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