State v. Cagle, 164 So. 2d 512

PRICE, Presiding Judge.

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, 54 So.2d 638.

Appeal dismissed.

Case Details

Case Name: State v. Cagle

Court Name: Alabama Court of Appeals

Date Published: May 12, 1964

Citations: 164 So. 2d 512; 42 Ala. App. 344; 1 Div. 987

Docket Number: 1 Div. 987

Court Abbreviation: Ala. Ct. App.