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44 Ala. App. 633

Morrison v. State

Alabama Court of Appeals

Decided January 7, 1969

Alabama Court of Appeals · decided 1969-01-07

Relies on McPherson v. Stallworth · 41 Ala. App. 296 - Tidwell v. State · Nowell v. Pate

Decided 1969-01-07

CATES, Judge.

¶1The record in this appeal omits wholly any declaration of the organization of the court whence it comes. This appeal being thus abortive must, therefore, be dismissed.

¶2The organization of the- trial court must be shown at the beginning of the transcript for an appeal. A form for such showing is set forth in Supreme Court Rule 24.

¶3The lack of such a declaration is jurisdictional and appellate courts take notice thereof ex mero motu. McPherson v. Stallworth, 262 Ala. 367, 78 So.2d 924; West v. Camp, 264 Ala. 644, 89 So.2d 170; Barnes v. Salter, 270 Ala. 110, 116 So.2d 748; Sparrow v. Evans, 275 Ala. 89, 152 So.2d 155; Wilson v. State, 275 Ala. 402, 155 So.2d 506; Tidwell v. State, 41 Ala. App. 296, 130 So.2d 206; Bunn v. State, 44 Ala.App. 68, 202 So.2d 176.

¶4In City of Demopolis v. Atkeison, 4 Ala. App. 278, 58 So. 684, we find:

“ * ‡ * jror failure to show by the record that the court was held at the *634time and place designated by law and presided over by an officer authorized by law, the appeal must be dismissed.

¶5Appeal dismissed.

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