DENNIS v. STATE, 40 Ala. App. 480 (1959)

DENNIS v. STATE, 40 Ala. App. 480 (1959)
115 So.2d 125


8 Div. 658.Court of Appeals of Alabama.
October 27, 1959.

Appeal from the County Court, Marshall County, Mack Killcrease, J.

Smith Moore, Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., for the State.

CATES, Judge.

The originating affidavit of complaint is unsigned and unsworn, nor did the clerk sign the jurat. The trial court never acquired jurisdiction, a matter which we notice ex mero motu. Therefore, the appellant is due his discharge. Smith v. State, 28 Ala. App. 572, 190 So. 99.

Upon authority of Sparks v. State, 39 Ala. App. 517,104 So.2d 764, and cases therein cited, the judgment below is

Reversed and rendered.