Legal Opinion

McVey v. State

Alabama Court of Appeals

Decided October 18, 1955No. 4 Div. 310PublishedCited by 6 opinions

1Opinion of the Court

HARWOOD, Presiding Judge.

This appellant has been found guilty and sentenced under an indictment charging him with being a vagrant.

The judgment was entered on 7 December 1954, and defendant gave notice of appeal on that date. On 9 December 1954 the appellant filed a good and sufficient appeal bond.

On 5 January 1955 appellant filed a motion for a new trial, and on the same date the court entered an order continuing the motion for disposition within thirty days.

No, further orders appear in connection with this motion for a new trial. It therefore became functus officio upon the expiration of…

2Cases cited2 opinions

  1. Watkins v. KelleySupreme Court of Alabama · 1955
  2. Clark v. StateAlabama Court of Appeals · 1955

3Cited by6 opinions

  1. Relf v. StateSupreme Court of Alabama · 1957
  2. Rushing v. StateAlabama Court of Appeals · 1959
  3. Moore v. AsheSupreme Court of Alabama · 1959
  4. Canady v. StateAlabama Court of Appeals · 1960
  5. Malone v. StateAlabama Court of Appeals · 1965

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