State v. Cagle, 1 Div. 987

1 Div. 987 | Ala. Ct. App. | May 12, 1964

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" date_filed="1951-10-23" court="Ala. Ct. App." case_name="State v. Pike">36 Ala. App. 267, 54 So. 2d 638" date_filed="1951-10-23" court="Ala. Ct. App." case_name="State v. Pike">54 So.2d 638.

Appeal dismissed.