17 Ala. App. 377
84 So 774
Decided April 6, 1920
Alabama Court of Appeals · decided 1920-04-06
I. Jones, Judge. Wess Howell was convicted of larceny, and he appeals. Defendant was charged by affidavit before a justice of the peace with petit larceny of a hog, was convicted, and on appeal to the' circuit court the solicitor filed a statement under the statute charging the larceny of a hog of the value of $15. To this complaint defendant filed a plea to the jurisdiction of the court, along with his plea of not guilty.
Cited by 2 later decisions — most recently September 1969
2 state decisions
Key passage — most relied on by later courts
““SAMFORD, J. The charge as shown by the complaint filed was not within the jurisdiction of the justice of the-peace. Code 1907, § 6733. The jurisdiction of the circuit court in this case is-predicated and dependent upon the jurisdiction of the justice of the peace. It follows, therefore, that the judgment of' the circuit court was a nullity and will not support an appeal. The appeal is dismissed on authority of Martin v. State, 156 Ala. 89 , 47 South. 104 . “Appeal dismissed.””
quoted by 1 later decision, including Key v. State
Relies on Martin v. State
Good law ✅— No negative treatment on recordhow we know
Appeal dismissed · Decided 1920-04-06
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¶1 The charge as shown by the complaint filed was not within the jurisdiction of the justice of the peace. Code 1907, §,6733. The jurisdiction of the circuit court in this case is. predicated and dependent upon the jurisdiction of the justice of the peace. It follows, therefore, that the judgment of the circuit court was a nullity and will not support an appeal. The appeal is dismissed on authority of Martin v. State, 156 Ala. 89, 47 South. 104.
¶2 Appeal dismissed.