Coleman v. State

In considering this case on a former appeal (Coleman v. State [Ala. App.] 101 So. 81 1 ) this court entered an order reversing the judgment appealed from, and remanding the cause to the lower court. The effect of the order of this court in reversing the judgment there appealed from was to restore the parties, both the state and the defendant, to the condition they stood before said former judgment was pronounced and entered. In Simmons v. Price, 18 Ala. 405, the Supreme Court said:

“When a judgment is reversed, the rights of the parties are immediately restored to the same condition in which…