McDaniel v. State
| Court | Alabama Supreme Court |
| Writing for the Court | ANDERSON, J. |
| Citation | 39 So. 919 |
| Parties | MCDANIEL v. STATE. |
| Decision Date | 30 June 1905 |
39 So. 919
MCDANIEL
v.
STATE.
Supreme Court of Alabama
June 30, 1905
Appeal from Morgan County Court; William E. Skeggs, Judge.
"Not officially reported."
Tandy McDaniel was convicted of a crime, and appeals. Dismissed.
Wert & Wert, for appellant.
Massey Wilson, Atty. Gen., for the State.
ANDERSON, J.
The indictment in this case was returned at a time fixed for holding the circuit court of Morgan county by a law heretofore declared unconstitutional, and not at a time fixed by law for the holding of the circuit court for said county, and is therefore void. There being no valid indictment that would support a judgment of conviction, the judgment rendered will not support an appeal. Walker v. State, 39 So. 242.
Appeal dismissed.
McCLELLAN, C.J., and TYSON and SIMPSON, JJ., concur.
To continue reading
Request your trial
-
Goulden v. State
...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 In Walker and McDaniel, this court dismissed the appeals for the reason that the judgments appealed from were void bec......
-
Goulden v. State
...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 In Walker and McDaniel, this court dismissed the appeals for the reason that the judgments appealed from were void bec......