Opinion · Alabama Court of Appeals

State v. Cagle

State v. Cagle, 42 Ala. App. 344 (Ala. Ct. App. 1964)

Type: Opinion
Court: Alabama Court of Appeals
Jurisdiction: Alabama
Date: 1964-05-12
Topic: bankruptcy

PRICE, Presiding Judge. This is an attempted appeal by the State from a judgment discharging the defendant in a criminal case. The State is not entitled to appeal in a criminal case in the absence of a judgment of the trial court holding the statute under which the indictment or information was preferred to be unconstitutional. Section 370, Title 15, Code of Alabama 1940; State v. Pike, 36 Ala.App. 267, 54 So.2d 638.

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Cited by: 6 opinions

PRICE, Presiding Judge.

This is an attempted appeal by the State from a judgment discharging the defendant in a criminal case.

The State is not entitled to appeal in a criminal case in the absence of a judgment of the trial court holding the statute under which the indictment or information was preferred to be unconstitutional. Section 370, Title 15, Code of Alabama 1940; State v. Pike, 36 Ala.App. 267, 54 So.2d 638.

Appeal dismissed.