The charge as shown by the complaint filed was not within the jurisdiction of the justice of the peace. Code 1907, § 6733. The jurisdiction of the circuit court in this case is predicated and dependent upon the jurisdiction of the justice of the peace. It follows, therefore, that the judgment of the circuit court was a nullity and will not support an appeal. The appeal is dismissed on authority of Martin v. State, 156 Ala. 89,47 So. 104.

Appeal dismissed. *Page 378