State v. Patton, 7 Div. 171
| Decision Date | 26 August 1952 |
| Docket Number | 7 Div. 171 |
| Citation | 36 Ala.App. 539,60 So.2d 383 |
| Parties | STATE v. PATTON. |
| Court | Alabama Court of Appeals |
Si Garrett, Atty. Gen., and Thos. M. Galloway, Asst. Atty. Gen., for appellant.
H. C. Orme, Jr., Gadsden, for appellee.
The provisions of Title 15, Section 369, Code of 1940, not having been complied with, petitioner, appellee, has filed a motion to dismiss the appeal. The said motion (omitting the formal parts) is:
'Comes now the Appellee in the above styled cause and moves the Court to dismiss and strike this Appeal from the decree rendered in the Circuit Court of Etowah County, Alabama and for grounds of said motion assigns separately and severally the following:
The appellee is correct in his contention. The record discloses that the provisions of the statute have not been complied with.
The following authorities support appellee's insistence. Callahan v. State, 33 Ala.App. 362, 33 So.2d 743, and authorities cited; Thomas v. State, 34 Ala.App. 160, 37 So.2d 245.
It follows that the appeal must be dismissed, and it is so ordered.
Appeal dismissed.
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Shuttlesworth v. State, 6 Div. 901
...T. 15, § 369, as amended. If the cause were not moot, this statute would furnish an additional ground for dismissal. State v. Patton, 36 Ala.App. 539, 60 So.2d 383; Phillips v. State, 40 Ala.App. 698, 122 So.2d 551. Should our view of mootness's preempting all other grounds for dismissal be......
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Herrmann v. Robinson, 1 Div. 151
...271, 182 So. 480; Downs v. Norris, 32 Ala.App. 381, 26 So.2d 418; Thomas v. State, 34 Ala.App. 160, 37 So.2d 245; State v. Patton, 36 Ala.App. 539, 60 So.2d 383; Day v. State, 41 Ala.App. 439, 134 So.2d Here the trial judge extended the time for filing the transcript of the evidence for an ......
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Phillips v. State, 3 Div. 52
...judgment. The provisions of this statute are mandatory and noncompliance therewith warrants a dismissal of the appeal. State v. Patton, 36 Ala.App. 539, 60 So.2d 383; Thomas v. State, 34 Ala.App. 160, 37 So.2d 245; Hughes v. State, 34 Ala.App. 657, 43 So.2d 321; Callahan v. State, 33 Ala.Ap......
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Robinson v. State
...tardiness, has waived this ground of dismissal. Smith v. Stewart, 41 Ala.App. 385, 133 So.2d 509. All decisions such as Patton v. State, 36 Ala.App. 539, 60 So.2d 383, appear to rest (for dismissal of the appeal) on a motion of the appellee rather than one coming from the court sua The Stat......