Dennis v. State

Oct 27, 1959

8 Div. 658

Versions:115 So. 2d 125

40 Ala. App. 480

1959 Ala. Civ. App. LEXIS 6

1959 Ala. App. LEXIS 433

CATES, Judge.

The originating affidavit of complaint is unsigned and unsworn, nor did the clerk sign the jurat. The trial court never acquired jurisdiction, a matter which we notice ex mero motu. Therefore, the appellant is due his discharge. Smith v. State, 28 Ala.App. 572, 190 So. 99.

Upon authority of Sparks v. State, 39 Ala.App. 517, 104 So.2d 764, and cases therein cited, the judgment below is

Reversed and rendered.