Hodo v. State

Decided June 11, 1908

Supreme Court of Alabama · decided 1908-06-11

Heard before Hon. W. W. Pearson. Charlie Hodo was convicted of murder, and he appeals. The judgment was rendered at a term of the court not authorized by law and will not support a conviction. — L. cG JY. R. R. Go. v. Grant, 45 S'outh. 246.

Cited by 3 later decisions — most recently January 1930

3 state decisions

Relies on Louisville & Nashville Railroad v. Grant

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1908-06-11

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DOWDELL, J.

¶1It 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.

¶2Appeal dismissed.

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