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44 Ala. App. 68

Bunn v. State

Alabama Court of Appeals

Decided September 5, 1967

Alabama Court of Appeals · decided 1967-09-05

Cited by 6 later decisions — most recently January 1973

6 state decisions

Key passage — most relied on by later courts

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

quoted by 1 later decision, including Morrison v. State

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

Good law ✅— No negative treatment on recordhow we know

Decided 1967-09-05

View the full empirical analysis of this case →

CATES, Judge.

¶1The record in this appeal omits wholly any declaration of the organization of the court whence it comes. This appeal *69being 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.

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

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

¶5Since the defect is jurisdictional McPherson v. Stallworth, supra, without going into other differences, we distinguish this case from Parrot v. City of Tallahassee, 381 U.S. 129, 85 S.Ct. 1322, 14 L.Ed.2d 263.

¶6Appeal dismissed.

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