Hemphill v. State

CATES,' Judge.

Hemphill appeals from a judgment revoking • his probation.

The State, moving for dismissal, has assigned: (1) Hemphill’s failure to. assign any error; and (2) that appeal is not the proper mode of review of- a judgment of this sort.

We have heretofore, in Sparks v. State, 40 Ala.App. 551, 119 So.2d 596, and Fiorella v. State, 40 Ala.App. 587, 121 So. 2d 875, held that (1) appeal is the proper mode o,f - review; and (2) Code 1940, T. 15, § 389, dispensing with assignments of error is without influence because it relates only to .judgments of conviction of crime.

Hemphill moves to…