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42 Ala. App. 33

Campbell v. State

Alabama Court of Appeals

Decided March 12, 1963

Alabama Court of Appeals · decided 1963-03-12

Cited by 4 later decisions — most recently October 1980

4 state decisions

Relies on 28 Ala. App. 194 - Bonds v. State · 39 Ala. App. 237 - Williamson v. City of Greenville · 32 Ala. App. 550 - Gamble v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-03-12

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PRICE, Presiding Judge.

¶1Appellant was convicted of the offense of “causing dependency, neglect or delinquency of children.” Title 13, Sec. 366, Code of Alabama, 1940.

¶2The prosecution originated in the Juvenile Court. Upon conviction appellant appealed to the Jackson County Court, where he was by a jury again convicted and he appeals to this court.

¶3After conviction in the Juvenile Court a defendant, on appeal to the Circuit Court, or court of like jurisdiction, is entitled to a trial de novo. Sections 371, 372, Title 13, Code.

¶4On the trial de novo, Section 363 of Title 15, providing for a brief statement of the cause of complaint signed by the solicitor, is mandatory. Bonds v. State, 28 Ala.App. 194, 180 So. 735; Gamble v. State, 32 Ala.App. 550, 27 So.2d 880; Williamson v. City of Greenville, 39 Ala.App. 237, 97 So.2d 600.

¶5The absence of such complaint, or a waiver thereof by the defendant, requires a reversal of the conviction, Authorities supra. There being no complaint, or waiver thereof, the judgment must be reversed and the cause remanded.

¶6Reversed and remanded.

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