96 So. 642 | Ala. Ct. App. | 1923
The defendant was convicted in the circuit court on a charge of violating the prohibition law. On May 16th the judgment of conviction was affirmed.
The corrected record shows a completed verdict answering the opinion of the Supreme Court, and, there being no further conflict between the opinion of the Supreme Court and the original opinion of this court, the judgment is again affirmed.
On Motion by Appellant to Vacate Orders of This Court Setting Aside Original Submission Awarding Certiorari to Circuit Clerk, and Resubmission, on Return of Certiorari Correcting Record in Circuit Court.
On February 2, 1922, this cause was submitted on brief; on May 16, 1922, the judgment of the circuit court was affirmed (
It is the duty of Appellate Courts to correct real errors, committed by inferior courts in the trial of cases before them, upon correct transcripts of the records and proceedings had upon the trial, and it is the *124 duty of the appellant to see that the transcript is correct; and, if, after submission, it is made known to the court that the transcript as submitted is not correct in a material particular, in a proper case the submission will be set aside and proper orders made to bring up the correct record.
Application for rehearing overruled.