Ex Parte State of Alabama. (in Re State of Alabama v. Charles Marquis Simmons)

Summary

The court held that the circuit court acquired subject-matter jurisdiction over Simmons's trial de novo when he filed his notice of appeal from the district court conviction. The absence of the original district-court charging instrument, and the use of a later-filed information, did not deprive the circuit court of jurisdiction, although the court remanded for further proceedings. Justice Stuart concurred specially, reserving a nonjurisdictional claim concerning Simmons's right to demand the original charging instrument, while Chief Justice Moore dissented and would have held that the missing instrument prevented the circuit court from exercising jurisdiction.