Supreme Court of Alabama, 1981

Ex Parte Holden

Supreme Court of Alabama · Decided November 6, 1981 · Beatty

407 So. 2d 182; 1981 Ala. LEXIS 3902 (Southern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Smith v. State (Ala. Crim. App. 2005)
Sanders v. City of Birmingham (Ala. Crim. App. 1988)
Nerud v. City of Mountain Brook (Ala. Crim. App. 1987)
Harris v. City of Jackson (Ala. Crim. App. 1987)
City of Dothan v. Holloway (Ala. 1986)
Coleman v. State (Ala. Crim. App. 1982)

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

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. *Page 183

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