Supreme Court of Alabama, 1908

Hodo v. State

Supreme Court of Alabama · Decided June 11, 1908 · Anderson, Dowdell, McCdedran, Tyson

156 Ala. 43; 47 So. 134; 1908 Ala. LEXIS 56

Cases that cite this one

2 later published cases cite this decision.

Penton v. Brown-Crummer Inv. Co. (Ala. 1930)
King v. Dearing-Orman Mercantile Co. (Ala. Ct. App. 1919)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DOWDELL, J.

It appears from the record that the term of the circuit of Autauga county at which the defendant was tried and convicted was organized and *44held at a time fixed by tbe act approved March 6, 1907 (Acts 1907, p. 367). In tbe case of L. & N. R. R. Co. v. Grant 153 Ala. 112, 45 South. 226, this act, in so far as it attemps to fix the times of holding the circuit court of Autauga county, was declared to be unconstitutional and void. The result of this holding is that the judgment from which the present appeal is prosecuted was rendered at a time not authorized by law, and is therefore void, and consequently will not support an appeal.

Appeal dismissed.

Tyson, C. J., and Anderson and McCdedran, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.