Hall v. State

• Decision Date: 03 April 1923
• Docket Number: 5 Div. 427.
• Citation: 19 Ala.App. 178,95 So. 904
• Parties: HALL v. STATE.
• Court: Alabama Court of Appeals

95 So. 904

19 Ala.App. 178

HALL v. STATE.

5 Div. 427.

Court of Appeals of Alabama

April 3, 1923

Appeal from Circuit Court, Russell County; J. S. Williams, Judge.

Charlie Hall was convicted of violating the prohibition law, and he appeals. Reversed and remanded.

Frank M. De Graffenried, of Seale, for appellant.

Harwell G. Davis, Atty. Gen., for the State.

SAMFORD J.

The appeal is on the record, which shows affidavit charging violation of the prohibition law; warrant issued by L. H Boykin, county judge, returnable to county court; a judgment of the circuit court of Russell county, based upon the verdict of a jury finding defendant guilty and affixing a penalty. On appeal to this court, the state was awarded a writ of certiorari to bring up the entire record, and in response to that writ the clerk of the circuit court makes return as follows:

"To the Honorable the Court of Appeals of Alabama:

"I, R. H. Holland, clerk of the circuit court of Russell county, Alabama, in answer to the writ of certiorari that issued out of the Court of Appeals of Alabama on the 24th day of November, 1922, in the above-stated cause, and in response to the mandate of said writ of certiorari, do hereby certify that the judgment of the county court, the appeal bond, and the transcript from the county court in said cause, as required by section 6726 of the Code of Alabama, are not on file and have never been on file in the circuit court of Russell county, Alabama, nor in my office as clerk of the circuit court of Russell county, Alabama.

"I further certify that the judge of the county court did not make out and hand to me any transcript of the proceedings in the county court, together with the appeal bond, as required by section 6726 of the Code of Alabama, in the above cause, nor any other cause that has ever been appealed from the county court of Russell county, Alabama, to the circuit court of Russell county, Alabama.

"I further certify that the transcript of the record of the circuit court of Russell county, Alabama, filed in the Court of Appeals of Alabama on the 20th day of November, 1922, is a full, complete, and exact transcript of the record of all the papers, documents, instruments, and records that were used upon the trial of said case in the circuit court of Russell county, Alabama, all of which, together with the writ of certiorari that issued in this cause, is hereby certified to the Court of Appeals of Alabama.

"In witness whereof, I hereunto set my hand and seal of office at Seale, Alabama, on this the 8th day of December, 1922. [Signed] R. H. Holland, Clerk of the Circuit Court of Russell County, Alabama."

On January 24, 1923, there is filed in this court the following:

"The State of Alabama, Russell County.

"Know all men by these presents, that we, Charlie Hall, Laura Smith, W. S. Wright, and W. N. Richards, are held and firmly bound unto the state of Alabama in the sum of seven hundred and fifty and 00/100 dollars, for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, and administrators. Sealed with our seals and dated this the 7th day of November, 1921.

"The condition of the above obligation is such that, whereas, on the 7th day of November, 1921, in the county court of Russell county, Alabama, a judgment of conviction was rendered in favor of the state of Alabama, and against Charlie Hall, in a prosecution in said court for the offense of violating the prohibition law, in which the state of Alabama was plaintiff, and Charlie Hall was defendant, from which judgment said Charlie Hall has applied for and obtained an appeal to the circuit court of Russell county, Alabama;

"Now, therefore, if the said Charlie Hall shall prosecute said appeal to effect, or if he shall fail in said appeal, he shall pay such judgment and execute such sentence as may be rendered against him by the said circuit court of Russell county, Alabama. Then, in either of said events, this bond shall be null and void; otherwise, it shall remain of full force and effect.

"Charlie Hall. [Seal.]

"Laura Smith. [Seal.]

"W. S. Wright. [Seal.]

"W. N. Richards. [Seal.]

"Taken and approved this the 7th day of November, 1921.

"L. H. Boykin, Judge."

"The State of Alabama, Russell County.

"I R. H. Holland, clerk of the circuit court of Russell county Alabama, hereby certify that the foregoing is an exact copy of the appeal bond made and filed by Charlie Hall in the case of the State v. Charlie Hall for the purpose of getting his case appealed from the county court of Russell county, Alabama, to the circuit court of Russell county, Alabama. I further certify that said bond is now in my possession and was in my possession at the time of the trial of said case in the circuit court of Russell county,...