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Ex Parte Holden

Supreme Court of Alabama
Nov 6, 1981
407 So. 2d 182 (Ala. 1981)

Opinion

80-609.

November 6, 1981.

Appeal from the Circuit Court, Madison County, William D. Page, J.

Alice J. Hancock of Malone, Owens, Hancock Totten, Athens, for petitioner.

Roy Wesley Miller, Huntsville, for respondent.


Certiorari was granted to determine whether the Court of Criminal Appeals had correctly interpreted and applied the filing requirements of Code of 1975, § 12-14-70 (d).

After the writ was granted in this case, this Court rendered the decision in Ex parte Hood, Ala., 404 So.2d 717 (1981), in which the requirements of § 12-14-70 (d) were construed for application in municipal prosecutions not initiated by warrant of arrest and in which no demand for a complaint (statement of the charges) was made in municipal court. The record discloses that this prosecution originated from an incident leading to an arrest without a warrant; however, the record fails to disclose any demand for a complaint by the defendant while in municipal court. Accordingly, when, as the record discloses, the municipality filed in circuit court its certificate describing the charge, the offense, the conviction and fine, and the defendant's appeal bond approved by the city recorder, the notice requirements of § 12-14-70 (d) were met. Ex parte Hood, supra.

The decision of the Court of Criminal Appeals, 407 So.2d 179 is affirmed.

AFFIRMED.

All the Justices concur.


Summaries of

Ex Parte Holden

Supreme Court of Alabama
Nov 6, 1981
407 So. 2d 182 (Ala. 1981)
Case details for

Ex Parte Holden

Case Details

Full title:Ex parte Carl HOLDEN. (Re Carl HOLDEN v. CITY OF HUNTSVILLE)

Court:Supreme Court of Alabama

Date published: Nov 6, 1981

Citations

407 So. 2d 182 (Ala. 1981)

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