Opinion
8 Div. 892.
March 6, 1934.
Appeal from Circuit Court, Lauderdale County; J. Fred Johnson, Jr., Judge.
Duncan Stewart was convicted of petit larceny, and he appeals.
Reversed and remanded.
Raymond Murphy, of Florence, for appellant.
On appeal to the circuit court, the case was triable de novo on complaint filed by the solicitor. There being no such complaint filed, it was error for the circuit court to assume jurisdiction and proceed to trial. Brasher v. State, 22 Ala. App. 79, 112 So. 535; Nailer v. State, 18 Ala. App. 127, 90 So. 131; Williams v. State, 88 Ala. 80, 7 So. 101; Miles v. State, 94 Ala. 106, 11 So. 403.
Thos. E. Knight, Jr., Atty. Gen., for the State.
Brief did not reach the Reporter.
The prosecution originated in the justice of the peace court, in which court defendant was convicted, from which conviction defendant appealed to the circuit court.
The record discloses no statement of the case by the solicitor, or a waiver of the same as is required by section 3843, Code 1923. In the absence of this statement, or a waiver thereof, the circuit court was without jurisdiction to proceed, and the judgment must be reversed and the cause remanded. Owens v. State, 19 Ala. App. 573, 99 So. 155.
Reversed and remanded.