Goulden v. State

CourtSupreme Court of Alabama
Writing for the CourtMERRILL
Citation299 So.2d 325,292 Ala. 704
Decision Date15 August 1974
PartiesIn re Dudley Dee GOULDEN, III v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL. SC 900.

Page 325

299 So.2d 325
292 Ala. 704
In re Dudley Dee GOULDEN, III
v.
STATE of Alabama.
Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.
SC 900.
Supreme Court of Alabama.
Aug. 15, 1974.

William J. Baxley, Atty. Gen. and Kermit M. Downs, Asst. Atty. Gen., for the State, petitioner.

No brief for respondent.

MERRILL, Justice.

Petitioner was convicted of forgery in the first degree and he appealed. The Court of Criminal Appeals reversed the judgment and remanded the cause because the indictment was not endorsed 'a true bill' with the signature of the foreman of the grand jury, following Strickland v. State, 51 Ala.App. 328, 285 So.2d 492.

The State petitioned for a writ of certiorari on the ground that the appeal should have been dismissed because the judgment was void, and being void, it would not support an appeal; and failure to dismiss was contrary to the holding of this court in Walker v. State, 142 Ala. 7, 39 So. 242, and McDaniel v. State (Ala.), 39 So. 919, both cases decided in 1905.

In Walker and McDaniel, this court dismissed the appeals for the reason that the judgments appealed from were void because the cases were tried in circuit court at a time 'not authorized by law for the holding of the circuit court' in the two counties in which the cases were tried. Prior to 1915, circuit courts were open only at particular times. In 1915, the Legislature opened circuit courts for most of the year, and in 1936, the Legislature opened [292 Ala. 705] them for the transaction of any or all business 'at all times.' Tit. 13, § 114, Code 1940. The principle applied in Walker and McDaniel was no longer applicable after 1936 and is not apt authority here.

Another type case where the appellate court dismissed the appeal and discharged the defendant is Kyser v. State, 22 Ala.App. 431, 117 So. 157, cert. denied 217 Ala.

Page 326

561, 117 So. 159. There, the circuit judge, upon an affidavit made before him charging the defendant with a misdemeanor, issued a warrant for the defendant Returnable to the circuit court, and the defendant was there tried and convicted. The Court of Appeals held that the circuit court was without jurisdiction of the subject matter because the circuit court had jurisdiction only 'to try criminal cases after indictment found, or upon appeal from a lower court after conviction.' The judgment was held void, and being void, it would not support an appeal; and the appeal was dismissed and the defendant discharged. It is...

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11 practice notes
  • Harris v. Gordy, Civil Action Number: 5:15-cv-01112-VEH-JEO
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • November 1, 2017
    ...defect under state law); United States v. Brown, 752 F.3d 1344, 1351 (11th Cir. 2014) (same, under federal law); In re Goulden, 299 So. 2d 325, 326 (Ala. 1974) (failure of grand jury foreman to endorse indictment as true bill did not deprive circuit court of jurisdiction so as to render jud......
  • Smith v. State, CR-03-2146.
    • United States
    • Alabama Court of Criminal Appeals
    • February 25, 2005
    ...properly issued and served, or by voluntary appearance of the defendant.' "175 Ala. at 303, 57 So. at 755. "See also, Goulden v. State, 292 Ala. 704, 705, 299 So.2d 325, 326 (197[4]) (citing Woolf, the Court held that the trial court had jurisdiction of the subject matter, i.e., the crime, ......
  • Donley v. City of Mountain Brook, 6 Div. 742
    • United States
    • Alabama Court of Criminal Appeals
    • May 18, 1982
    ...must concur to authorize a court of competent jurisdiction to proceed to final judgment in a criminal prosecution. Goulden v. State, 292 Ala. 704, 299 So.2d 325 (1974). Appellant's basic argument on this issue is that if any violation occurred it occurred in Homewood where the calls were di......
  • City of Dothan v. Holloway
    • United States
    • Supreme Court of Alabama
    • July 25, 1986
    ...properly issued and served, or by voluntary appearance of the defendant." 175 Ala. at 303, 57 So. at 755. See also, Goulden v. State, 292 Ala. 704, 705, 299 So.2d 325, 326 (1975) (citing Woolf, the Court held that the trial court had jurisdiction of the subject matter, i.e., the crime, even......
  • Request a trial to view additional results
11 cases
  • Harris v. Gordy, Civil Action Number: 5:15-cv-01112-VEH-JEO
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • November 1, 2017
    ...defect under state law); United States v. Brown, 752 F.3d 1344, 1351 (11th Cir. 2014) (same, under federal law); In re Goulden, 299 So. 2d 325, 326 (Ala. 1974) (failure of grand jury foreman to endorse indictment as true bill did not deprive circuit court of jurisdiction so as to render jud......
  • Smith v. State, CR-03-2146.
    • United States
    • Alabama Court of Criminal Appeals
    • February 25, 2005
    ...properly issued and served, or by voluntary appearance of the defendant.' "175 Ala. at 303, 57 So. at 755. "See also, Goulden v. State, 292 Ala. 704, 705, 299 So.2d 325, 326 (197[4]) (citing Woolf, the Court held that the trial court had jurisdiction of the subject matter, i.e., the crime, ......
  • Donley v. City of Mountain Brook, 6 Div. 742
    • United States
    • Alabama Court of Criminal Appeals
    • May 18, 1982
    ...must concur to authorize a court of competent jurisdiction to proceed to final judgment in a criminal prosecution. Goulden v. State, 292 Ala. 704, 299 So.2d 325 (1974). Appellant's basic argument on this issue is that if any violation occurred it occurred in Homewood where the calls were di......
  • City of Dothan v. Holloway
    • United States
    • Supreme Court of Alabama
    • July 25, 1986
    ...properly issued and served, or by voluntary appearance of the defendant." 175 Ala. at 303, 57 So. at 755. See also, Goulden v. State, 292 Ala. 704, 705, 299 So.2d 325, 326 (1975) (citing Woolf, the Court held that the trial court had jurisdiction of the subject matter, i.e., the crime, even......
  • Request a trial to view additional results

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