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Dennis v. State

Court of Appeals of Alabama
Oct 27, 1959
115 So. 2d 125 (Ala. Crim. App. 1959)

Opinion

8 Div. 658.

October 27, 1959.

Appeal from the County Court, Marshall County, Mack Killcrease, J.

Smith Moore, Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., for the State.


The originating affidavit of complaint is unsigned and unsworn, nor did the clerk sign the jurat. The trial court never acquired jurisdiction, a matter which we notice ex mero motu. Therefore, the appellant is due his discharge. Smith v. State, 28 Ala. App. 572, 190 So. 99.

Upon authority of Sparks v. State, 39 Ala. App. 517, 104 So.2d 764, and cases therein cited, the judgment below is

Reversed and rendered.


Summaries of

Dennis v. State

Court of Appeals of Alabama
Oct 27, 1959
115 So. 2d 125 (Ala. Crim. App. 1959)
Case details for

Dennis v. State

Case Details

Full title:Emmitt DENNIS v. STATE

Court:Court of Appeals of Alabama

Date published: Oct 27, 1959

Citations

115 So. 2d 125 (Ala. Crim. App. 1959)
40 Ala. App. 480

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