Williams v. State
| Decision Date | 01 February 1898 |
| Citation | 23 So. 42,117 Ala. 199 |
| Parties | WILLIAMS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Bullock county; J. M. Carmichael, Judge.
Proceedings in bastardy by the state against Jobe Williams. From a judgment against defendant, he appeals. Affirmed.
J. D. Norman, for appellant.
Wm. C. Fitts, Atty. Gen., for the State.
This is an appeal by the defendant from a judgment of conviction in proceedings in bastardy, and has been submitted without an assignment of errors, necessitating an affirmance. The statute dispenses with an assignment of errors in criminal cases only,-judgments of conviction of criminal offenses brought here by writ of error or appeal. Cr. Code 1886, § 4509. Proceedings in bastardy are statutory, and to them the statutes which give a writ of error or appeal in criminal cases do not extend. The statute prescribing the course of proceeding confers on either party (the state or the defendant) the right of appeal, if taken within 30 days after judgment, and either party must give security for the costs of appeal. Cr. Code 1886, § 4866. The state, under the statute relating to criminal cases, is not (except in a particular class of cases, by recent legislation) entitled to a writ of error or appeal; and of the defendant, security for costs is not exacted. It is apparent the two statutes have no relation to each other, and have distinct, different fields of operation. Affirmed.
To continue reading
Request your trial
-
Smith v. State
...Cr.Ev. § 524; Booth v. Hart, 43 Conn. 480; State v. Hickerson, 72 N.C. 421; Richardson v. People, 31 Ill. 170. In Williams v. State, 117 Ala. 199, 23 So. 42, State v. Dodd, 9 Ala.App. 65, 64 So. 169, it was ruled that a proceeding in bastardy was not a criminal case and that the rules gover......
-
Sparks v. State
...of conviction in a criminal case, an assignment of error on the record is essential to present questions for review. Williams v. State, 117 Ala. 199, 23 So. 42; Perry v. State, 1 Ala.App. 253, 55 So. 1035; State v. Dodd, 9 Ala.App. 65, 64 So. 169; Stadt v. City of Birmingham, 14 Ala.App. 66......
-
State v. Brandner
...a civil one. Head v. Martin, 85 Ky. 480, 3 S.W. 622; Godding v. State, 39 Ind.App. 42, 78 N.E. 257; State v. Tieman, supra; Williams v. State, 117 Ala. 199, 23 So. 42; Wheeler, 34 Kan. 96, 8 P. 276, 6 Am. Crim. Rep. 70; Hawes v. Gustin, 2 Allen, 402; State v. Liles, 134 N.C. 735, 47 S.E. 75......
-
Morgan v. State
...is applicable to those here involved, and that assignments of error are necessary. Bragg v. State, Ala.App., 183 So. 683; Williams v. State, 117 Ala. 199, 23 So. 42; Borden v. State, 27 Ala.App. 271, 170 So. Jackson v. State, 26 Ala. App. 257, 157 So. 872. If in fact the cause was submitted......