Opinion
8 Div. 928.
April 18, 1922.
Appeal from Morgan County Court; W.T. Lowe, Judge.
William C. Yates was convicted of violating the prohibition law, and he appeals. Appeal dismissed.
The judgment appealed from contains no adjudication of guilt, but, following the verdict of the jury, it says as follows:
"And the same being considered by the court, it is considered, ordered, and adjudged by the court that the state of Alabama, for the use of Morgan county, have and recover of the defendant."
E.C. Nix, of Albany, for appellant.
Brief of counsel did not reach the Reporter.
Harwell G. Davis, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
As there is no judgment contained in this record which authorizes an appeal to this court, we are without authority to pass upon the questions raised by the record. Our only prerogative is to dismiss the appeal, which is accordingly done. See W.C. Yates v. State (8 Div. 899), ante, p. 435, 93 So. 62.
Appeal dismissed.