154 Ala. 52
Decided February 13, 1908
Supreme Court of Alabama · decided 1908-02-13
<p> Assault to Rape. </p> <p>1. Courts; Terms; Judgment. — A judgment rendered at a term of the court not authorized by law is void for want of jurisdiction.</p> <p>2. Criminal Law; Appeal; Judgment to Support. — A void judgment will not «support an appeal.</p>
Cited by 1 later decisions — most recently January 1921
1 state decisions
Relies on Louisville & Nashville Railroad v. Grant · Riggsby v. State
Good law ✅— No negative treatment on recordhow we know
Appeal dismissed · Decided 1908-02-13
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¶1The indictment in tbis case was found, and tbe triad and conviction of tbe defendant were bad, at a term of tbe circuit court for Autauga county beld at a time not.authorized by law; hence tbe proceedings were void. Tbe judgment will not support an appeal, and tbis appeal must be dismissed. — Louisville & Nashville Railroad Co. v. J. J. Grant, 153 Ala. 112, 45 South. 226; Bill Rigsby, alias, etc. v. State, 153 Ala. 37, 45 South. 227.
¶2Appeal dismissed.