Moss v. State
| Decision Date | 19 May 1904 |
| Citation | 140 Ala. 199,37 So. 156 |
| Parties | MOSS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Henry County; John P. Hubbard, Judge.
John P. Moss was convicted of failing to work a public road, and he appeals. Dismissed.
The prosecution in this case was against John P. Moss for failure to work a public road after being notified. The judgment entry in the case was in words and figures as follows: Under the opinion on the present appeal, it is unnecessary to set out the facts of the case in detail.
W. L. Lee, for appellant.
Massey Wilson, Atty. Gen., for the State.
This record discloses no judgment of guilt, but only an entry of what seems to have been intended as a confessed judgment for the fine and costs, following upon a mere verdict of guilt. Upon the authority of Thomason v. State, 70 Ala. 20, which was referred to approvingly in Wright v. State, 103 Ala. 95, 15 So. 506, it must be held that the entry does not constitute a final judgment, such as will support an appeal; and, following the course adopted in Thomason's Case the appeal will be dismissed. Appeal dismissed.
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Douglas v. State
...before there can be an appeal. Code 1940, T. 15, § 368; Vick v. State, 156 Ala. 669, 46 So. 566 (opinion in So.Rep. only); Moss v. State, 140 Ala. 199, 37 So. 156; Ex parte Loyd, Ala., 155 So.2d The tendencies of the evidence were: William C. Smith, a physician and surgeon of Selma, Alabama......
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Knight v. State
...it refers.' The judgment is insufficient. Wright v. State, 103 Ala. 95, 15 So. 506; Marks v. State, 131 Ala. 44, 31 So. 18; Moss v. State, 140 Ala. 199, 37 So. 156; Shepard v. State, 20 Ala.App. 627, 104 So. 674; Blakely v. State, 28 Ala.App. 574, 190 So. For the errors pointed out, the jud......
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Perry v. State
... ... Ayres v ... State, 71 Ala. 11; Nichols v. State, 100 Ala ... 23, 14 So. 539; Wright v. State, 103 Ala. 95, 15 So ... 506; Campbell v. State, 123 Ala. 72, 26 So. 224; ... Bridges v. State, 124 Ala. 90, 27 So. 474; Marks ... v. State, 131 Ala. 44, 31 So. 18; Moss v ... State, 140 Ala. 199, 37 So. 156 ... Appeal ... ...
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Miller v. State, 8 Div. 151
...and sentenced. Without a valid judgment of conviction, there can be no appeal. Ex parte Loyd, 275 Ala. 416, 155 So.2d 519; Moss v. State, 140 Ala. 199, 37 So. 156; Perry v. State, 4 Ala.App. 70, 59 So. Motion granted; appeal dismissed. 1 Compare 'bench docket' in Pittsburgh, C., C. & St. L.......