Carson v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Will Carson was indicted for violating the prohibition law, and failing to appear for trial, a forfeiture was entered against him and his bail. From an order rendered on a day set for hearing the same, making the forfeiture final and absolute, defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Will Carson was indicted for violating the prohibition law, and failing to appear for trial, a forfeiture was entered against him and his bail. From an order rendered on a day set for hearing the same, making the forfeiture final and absolute, defendant appeals. The finding of the court on the facts is the equivalent of the verdict of the jury, and not subject to review on appeal.' — Mayhall v. The State, 146 Ala. 124; Boyd v. The State, 88 Ala. 169.
1Opinion of the Court
WALKER, P. J. —
On the 1st day of May, 1911, on the failure of the appellant to appear as required by his undertaking of bail in a criminal prosecution■ pending against him, a. conditional judgment was rendered against the obligors in that rindertaking, as authorized by the statute (Code, § 6355), and a scire facias to. show canse why that judgment should not be made absolute, returnable to the next term, was awarded against said obligors, and was served on the sureties, the return showing that the principal was not 'found. At the return term the appellant appeared, and undertook to show cause…
2Cases cited5 opinions
- Boyd v. StateSupreme Court of Alabama · 1889
- Hammons v. StateSupreme Court of Alabama · 1877
- State v. PoseySupreme Court of Alabama · 1885
- Bradford v. StateSupreme Court of Alabama · 1906
- Mayhall v. StateSupreme Court of Alabama · 1906
3Cited by2 opinions
- Carson v. StateAlabama Court of Appeals · 1912
- Carson v. StateAlabama Court of Appeals · 1912