McTyre v. State, 7 Div. 199
| Decision Date | 16 April 1953 |
| Docket Number | 7 Div. 199 |
| Parties | McTYRE v. STATE. |
| Court | Alabama Supreme Court |
Handy Ellis, Columbiana, for appellant.
Si Garrett, Atty. Gen., and L. E. Barton, Asst. Atty. Gen. (Thos. M. Haas, Montgomery, of counsel), for the State.
This is an appeal from an order of the Judge of the Circuit Court of Shelby County, Alabama, denying appellant bail in a habeas corpus proceeding.
The Attorney General has moved for dismissal of the appeal because the transcript does not contain a statement of the evidence and the judge's ruling thereon, 'certified to be correct by the judge or officer hearing the petition.' This is required by Code 1940, Title 15, § 369, Act No. 50, approved June 10, 1949, Gen. and Loc.Acts 1949, page 75. Failure to comply with this requirement has been held to be mandatory and to call for dismissal of the appeal. Thomas v. State, 34 Ala.App. 160, 161, 37 So.2d 245; Hughes v. State, 34 Ala.App. 657, 43 So.2d 321. Accordingly, an order is due to be entered dismissing the appeal in this case. It is so ordered.
Appeal dismissed.
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Herrmann v. Robinson, 1 Div. 151
...subsection (d), which gives the appellant thirty days from judgment to get the record here. We note the following cases: McTyre v. State, 258 Ala. 637, 64 So.2d 601; Glenn v. Glenn, 21 Ala.App. 148, 106 So. 226; Cross v. Willis, 28 Ala.App. 271, 182 So. 480; Downs v. Norris, 32 Ala.App. 381......
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Ex parte Wilding, No. 1080339 (Ala. 9/25/2009)
...as amended, Pocket Part [now § 12-22-90, Ala. Code 1975]; Thomas v. State, 34 Ala. App. 160, 37 So. 2d 245 [(1948)]; McTyre v. State, 258 Ala. 637, 64 So. 2d 601 [(1953)]. It has been held by this court that without express statutory authority no appeal lies in favor of the petitioner in su......
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Howard v. City of Bessemer
...dismissal of the appeal. Thomas v. State, 34 Ala.App. 160, 37 So.2d 245; Hughes v. State, 34 Ala.App. 657, 43 So.2d 321; McTyre v. State, 258 Ala. 637, 64 So.2d 601. However, where, as in this case, the judge hearing the petition endorses on the transcript 'Approved,' then there is a compli......
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Muller v. Bridges
...134 So.2d 433; Phillips v. State, 40 Ala.App. 698, 700, 122 So.2d 551; State v. Patton, 36 Ala.App. 539, 60 So.2d 383. In McTyre v. State, 258 Ala. 637, 64 So.2d 601, the appeal was from an order denying appellant bail in a habeas corpus proceeding. The State moved to dismiss the appeal bec......