Thompson v. State

• Decision Date: 30 June 1943
• Docket Number: 8 Div. 342.
• Citation: 31 Ala.App. 292,16 So.2d 193
• Parties: THOMPSON v. STATE.
• Court: Alabama Court of Appeals

16 So.2d 193

31 Ala.App. 292

THOMPSON v. STATE.

8 Div. 342.

Alabama Court of Appeals

June 30, 1943

Rehearing Denied Oct. 5, 1943.

S A. Lynne, of Decatur, for appellant.

Wm N. McQueen, Acting Atty. Gen., and W. W. Callahan, Asst Atty. Gen., for the State.

BRICKEN Presiding Judge.

On the 18th day of February, 1939, an affidavit was made before Charles E. Bragg, ex-officio Judge of Lawrence County Court charging that Guy Sutton "did sell or have in his possession illegally, give, barter, exchange, receive, deliver, carry or ship, prohibited liquors, contrary to law, against the peace and dignity of the State."

On the same day a writ of arrest was issued by the Clerk of the County Court of Lawrence County, Alabama, commanding any lawful officer to arrest Guy Sutton and bring him before the Judge of the County Court, on the 6th day of March next, to answer the State of Alabama on a charge of violating the prohibition law. The writ of arrest was returned executed by the Sheriff by arresting the defendant and committing him to jail.

On the 19th day of February, 1939, the defendant, Guy Sutton, and H. C. Thompson and Richard Winton, as sureties, executed and delivered a bond to the Sheriff of Lawrence County, Alabama, which he approved, and which is in words and figures as follows:

"The State of Alabama, Lawrence County ) County Court

We, Guy Sutton * * * agree to pay to the State of Alabama Three Hundred Dollars, unless the said Guy Sutton appears at the next term of the County Court of said County, and from term to term thereafter, until discharged by law, to answer the offense of violating prohibition law and each of us, hereby waive all and any right or claim to all claims to exemption we or either of us have now, or may hereafter have, under the Constitution and Laws of Alabama.

"Guy Sutton (L.S.)

"H. C. Thompson (L.S.)

"Richard Winton (L.S.)"

Upon the execution and delivery of said bond and approval of same, the defendant, Guy Sutton, was released from custody.

At a later date, on October 2, 1939, the affidavit appears to have been amended.

On the same day the case was called in the County Court and the defendant Sutton defaulted and failed to appear and upon motion of the Solicitor the bond was declared forfeited and a capias issued for Sutton's arrest, and the judgment entry further recites:

"It appearing to the court that the said defendant together with H. C. Thompson and Richard Winton agreed to pay the State of Alabama, Three Hundred Dollars, unless the said Guy Sutton appeared at this term of the Court to answer in this cause; and the said Guy Sutton having failed to appear it is therefore, ordered that the State of Alabama for the use of Lawrence County have and recover of the said Guy Sutton, H. C. Thompson and Richard Winton on said undertaking, the sum of Three Hundred Dollars, unless they appear at the next term of this Court and show cause why this judgment should not be made absolute.

"And the Sheriff will therefore, by serving a copy of this conditional judgment, notify them that this said conditional judgment will be made absolute against them in this court, unless they appear and show cause against the same."

A sci. fa. to the bondsmen was executed on H. C. Thompson on December 30, 1939.

On October 7, 1940, the conditional judgment against the defendant and his bondsmen was made final the order of the court being in words and figures as follows:

"This day came the State of Alabama, by its Solicitor, Jas. P Miller, who prosecutes for the State of Alabama, and upon motion of the Solicitor that judgment be made final in this cause against surety H. C. Thompson for the sum of Three Hundred Dollars, and said motion being considered by the court, the court is of the opinion that said motion should be granted.

"It appearing to the satisfaction of the court that heretofore a conditional judgment was rendered against the defendant and his said sureties, to-wit: H. C. Thompson and Richard Winton on account of defendant's failure to appear at a former term of this court, and the defendant now failing to appear and offering no excuse for his failure to appear at a former term of this court, and the same being considered by the court, it is, therefore, ordered...