Williams v. State

• Decision Date: 15 June 1937
• Docket Number: 8 Div. 476,477,480
• Citation: 175 So. 697,27 Ala.App. 525
• Parties: WILLIAMS et al. v. STATE.
• Court: Alabama Court of Appeals

175 So. 697

27 Ala.App. 525

WILLIAMS et al. v. STATE.

8 Div. 476, 477, 480

Court of Appeals of Alabama

June 15, 1937

Appeal from Law and Equity Court, Lauderdale County; Robt. M. Hill Judge.

Swan Williams, Richard R. Williams, and Luke Bates were convicted of libel, and severally appeal and move to set aside submission.

Motions overruled; appeals dismissed.

Motions to set aside submissions in 8 Division 476, Swan Williams and 8 Division 480, Richard R. Williams; and motion to set aside judgment of dismissal and to reinstate the cause in 8 Division 477, Luke Bates; to allow filing of record in all three cases and to submit the causes on briefs.

Raymond Murphy, of Florence, for appellants.

A.A Carmichael, Atty. Gen., for the State.

PER CURIAM.

These three motions, all involving the same propositions, are submitted and considered together. A decision of the one, of necessity, involves a like decision in the other two. As illustrative of the facts in all three motions: Luke Bates was convicted in the law and equity court of Lauderdale county on the 9th day of November, 1936, on a charge of libel. On the next day, the 10th of November, the defendant was sentenced to a term of fifty days' hard labor to pay the fine and 145 days to pay the cost, and an additional period of two months as additional punishment. On the 10th day of November, the defendant gave notice, in writing, of an appeal to this court; on January 21, 1937, the cause was continued; and on May 20, 1937, the cause was submitted by the Attorney General on a motion to dismiss the appeal; on May 25, 1937, the Attorney General's motion was granted and the appeal was dismissed. On June 8, 1937, appellant files motion to set aside the order of dismissal and to reinstate the case on the docket and for permission to file the record in the case and for resubmission.

The other two cases hereinabove noted have the same history except there is no order of dismissal made as yet.

Section 3248 of the Code of 1923 supplemented by Supreme Court Rule 43 provides: That when the execution of the judgment has been suspended as provided, or when an appeal is taken without such suspension, it is the duty of the clerk of the court in which the case was to make out a full and accurate transcript of the record, attach his certificate thereto, and transmit it to the clerk of the supreme court within twenty days thereafter; or within twenty days after the signing of the bill of exceptions; or if the bill is not signed and filed, such transcript must be made out and forwarded within twenty days after the expiration of the time allowed by law for the signing of the bill of exceptions.

Rule 43 of the Supreme Court supplements this by making certain requirements as to the filing of certificates of appeal by the clerk, not necessary here to be noted.

The foregoing rules give ample time to all parties litigant to prepare and...