Vick v. State
| Decision Date | 21 May 1908 |
| Citation | 156 Ala. 699,46 So. 566 |
| Parties | VICK v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Criminal Court, Jefferson County; D. A. Greene, Judge.
Oram Vick was charged with an offense, and he appeals. Dismissed.
B. M. Allen and Allen & Bell, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
It is only from a judgment of conviction that an appeal is authorized under the statute. Cr. Code 1896, § 4313. The record here discloses no such judgment. Consequently the appeal will be dismissed on the authority of Mayers v. State, 147 Ala. 687, 40 So. 658, and the cases there cited.
Appeal dismissed.
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Douglas v. State
...we must accept this entry. There must be a judgment of conviction 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......
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Duck v. State
...cites the proposition that an appeal in a criminal case can be taken only from a valid judgment of conviction, citing Vick v. State, 156 Ala. 669, 46 So. 566 (opinion in Southern Reporter only). This statement we deem to be the proper consequence of Code 1940, Title 15, Section 367. The cas......
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Elliott v. State, 7 Div. 765
...cases which hold that a judgment of guilt is necessary to sustain an appeal. Campbell v. State, 123 Ala. 72, 26 So. 224; Vick v. State, 156 Ala. 699, 46 So. 566; Ex parte Loyd, 275 Ala. 416, 155 So.2d Thus, we may observe that either a formal judgment of guilt, or an implied judgment to the......
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Smith v. State
...since 'it is only from a judgment of conviction that an appeal is authorized under the statute.' Criminal Code 1896, § 4313; Vick v. State, 156 Ala. 699, 46 So. 566; Mayers v. State, 147 Ala. 687, 40 So. 658. The underlying principle of such ruling seems to be that the statute, now § 367, T......