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Eidson v. State

Court of Appeals of Alabama
Oct 11, 1955
82 So. 2d 814 (Ala. Crim. App. 1955)

Opinion

7 Div. 313.

October 11, 1955.

Appeal from the Circuit Court, Etowah County, Virgil Pittman, J.

E.L. Roberts, Gadsden, for appellant.

John Patterson, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for the State.


In this case a judgment of guilty was entered on 12 March 1954, and sentence was imposed on 18 March 1954.

No motion for a new trial was made, and an appeal was taken on 18 March 1954, the date of sentence.

The transcript of the evidence was filed with the circuit clerk on 15 September 1954, some five months and twenty-seven days after the appeal day.

The State has filed a motion to strike the transcript of the evidence because not filed in accordance with law.

This identical point was before us in the case of Clark v. State, Ala.App., 82 So.2d 805, and the principles therein enunciated are governing of, and decisive of, the State's motion to strike the transcript in this case.

1 Ante, p. 305.

The State's motion to strike is granted upon the authority of Clark v. State, supra.

The record proper being in all things regular this cause is due to be affirmed, and it is so ordered.

Motion to strike transcript of evidence granted, and cause affirmed.

Affirmed.

BONE, J., recuses self.


Summaries of

Eidson v. State

Court of Appeals of Alabama
Oct 11, 1955
82 So. 2d 814 (Ala. Crim. App. 1955)
Case details for

Eidson v. State

Case Details

Full title:Howard Boyce EIDSON v. STATE

Court:Court of Appeals of Alabama

Date published: Oct 11, 1955

Citations

82 So. 2d 814 (Ala. Crim. App. 1955)
82 So. 2d 814

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Under such circumstances the timely motion of the City of Birmingham is well taken, and the statutes, rules,…

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Transcript of evidence stricken; judgment affirmed. Eidson v. State, ante, p. 321, 82 So.2d 814.…