State v. Cagle
164 So. 2d 512 | Ala. Ct. App. | 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,
Appeal dismissed.
