State v. Howell

This purported appeal is by the state, through the solicitor who prosecuted appellee in the court below under an affidavit charging him with the offense of violating the prohibition law. We gather from the brief of the solicitor that the appeal was taken by him on behalf of the state and was justified, because the lower court declared certain sections of the Code 1923, unconstitutional.

There is no phase of this case which justified this appeal. In the first place, the solicitor of the court below has no authority to appear here as counsel for the state in this court. This court can recognize…