Courson v. State
| Decision Date | 30 May 1922 |
| Docket Number | 5 Div. 372. |
| Citation | 18 Ala.App. 538,93 So. 223 |
| Court | Alabama Court of Appeals |
| Parties | COURSON v. STATE. |
Appeal from Circuit Court, Russell County; J. S. Williams, Judge.
Tom M. Courson was convicted of violating the prohibition laws, and he appeals. Reversed and remanded.
H. A. Ferrell and Frank De Graffenried, both of Seale, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
The appeal in this case is on the record, without a bill of exceptions. The record contains an affidavit charging a violation of the prohibition law, and the warrant is made returnable before the county court of Russell county. The judgment of the circuit court of Russell county recites a trial in said court on a warrant, but there is no judgment of the county court in the record, nor appeal bond from the county court to the circuit court, and from aught appearing in the record the prosecution is still pending in the county court. There is nothing in the record to support the judgment in the circuit court. In line, therefore, with the uniform holding in this court, the judgment appealed from must be reversed. Haynes v. State, 5 Ala. App. 167, 59 So. 325; Jacobs v. State, 17 Ala. App. 396, 85 So. 837; Mims v. State, 17 Ala. App. 276, 84 So. 394; Guin v. State, 17 Ala. App. 293, 84 So. 863.
Reversed and remanded.
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Canty v. Sims
... ... right or power over them. All persons are entitled under the ... Constitution to demand due process, and courts of this state ... have no authority to render a judgment and deprive any person ... of his property except upon process authorized by law ... The ... remand the cause, although the judgment appealed from is ... declared to be void. Courson v. State, 18 Ala.App ... 538, 93 So. 223, and cases cited. Our attention being now ... called to the question, we hold that the judgment ... ...
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