Alexander v. State, 6 Div. 909
| Decision Date | 29 January 1963 |
| Docket Number | 6 Div. 909 |
| Citation | 41 Ala.App. 684,149 So.2d 467 |
| Parties | Alvin ALEXANDER v. STATE. |
| Court | Alabama Court of Appeals |
Robt. C. Barnett, Birmingham, for appellant.
MacDonald Gallion, Atty. Gen., and David W. Clark, Asst. Atty Gen., for the State.
Appeal from denial of habeas corpus to resist extradition.
The Attorney General's motion to dismiss because of the appellant's failure to file a brief, relying upon Phalen v. Fort, 266 Ala. 213, 95 So.2d 401, is hereby denied.
We consider Woods v. State, 264 Ala. 315, 87 So.2d 633, not to have been overruled by the Phalen case, supra.
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3 cases
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Wright v. State
...149 So.2d 835 ... 41 Ala.App. 684 ... Thomas Hoyt WRIGHT ... 6 Div. 920 ... Court of Appeals of Alabama ... Feb. 5, 1963 ... ...
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Robinson v. State
...§ 369(d), amended, dispenses with the need for a bill of exceptions or assignments of error. Nor is a brief required. Alexander v. State, 41 Ala.App. 684, 149 So.2d 467. Although the transcript was filed late, the Attorney General, by not citing tardiness, has waived this ground of dismissa......
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Riddle v. State
...149 So.2d 465 ... 41 Ala.App. 682 ... Edward RIDDLE ... 8 Div". 873 ... Court of Appeals of Alabama ... Jan. 29, 1963 ... \xC2" ... State, 87 Ala. 121, 6 So. 420; Thomas v. State, 31 Ala.App. 1, 9 So.2d 150 ... ...