Dennis v. State, 115 So. 2d 125

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.

Case Details

Case Name: Dennis v. State

Court Name: Alabama Court of Appeals

Date Published: Oct 27, 1959

Citations: 115 So. 2d 125; 40 Ala. App. 480; 1959 Ala. Civ. App. LEXIS 6; 1959 Ala. App. LEXIS 433; 8 Div. 658

Docket Number: 8 Div. 658

Court Abbreviation: Ala. Ct. App.