The Birmingham age-herald., 1913-06-29

be inserted. without styling of case, the
prayer for the appeal df one WAS fled,
the bond therefor. the citation of appeal
with acceptance of service or of service
by the officer, the certificate of the clerk
to the correctness of the transcript. An
ample number of blank pages at the
end of the transcript, for assigning errors
shall be bound with the transcript. I'M
less some particular question is raised in
respect thereto and decided in the pri-
mary court, the transcript whether in
civil or criminal appeal, shall not con-
tain in an instance: (a) Subpoenas or
summons for any witness or for any
defendant where there is an appearance
by such defendant: (b) Orders of con-
tinuance; (c) Commission to examine a
witness or certificate of a commissioner
to a deposition or affidavit made to OBJ
tain such commission. And in criminal
cases the transcript shall not contain the
organization of the grand jury which
found the indictment, nor the venire. spe-
cial Din capital case) or general, for
any grand or petit jury nor the organ
ization of regular juries for the week or
term at which the case was tried, un-
less some question thereon was raised
before the trial court and there de-
cded"
New Rules
Rue 43. Appeals certificates thereof in
civil or criminal cases Criminal cases:
When a defendant has been adjudged
guilty of criminal offense In any OF the
courts of the state, from which judgment
an appeal lies to the supreme court or
to the court of appeals; and such con-
Yict desires to take an appeal under the
statute of this state to the appellate court
to which an appeal may be by him taken
from that judgment. he or his counsel
must file with the clerk Of the trial court
truly dated written statement, signed
by him or his counsel for him, to the
effect that he appeals from the judgment
against him in the case of the state of
Alabama against him, giving the style
of the case on the trial court docket
and Its docket number thereon. Within
20 days after such statement is filed as
afore provided. the clerk shall make out
certificate of appeal in the form now
employed in criminal cases. and also re-
cite therein the character of the offense
of which the defendant was convicted
and whether not the sentence has
been suspended by the court; and inn
mediately forward the same, by mail, to
the clerk of the supreme court or of
the court of appeals, of the state, TO
which the appeal is, under the law, re-
turnable. Upon the receipt of such GER
tifcate the clerk of the supreme court
or OF the court of appeals, as the case
may be, shall docket the appeal in tho
proper lace on the trial docket
Rule a. Civil cases.) When party
to a civil case has executed, had ap-
proved and filed an appeal bond for an
appeal from a judgment or decree from
which an appeal lies to the supreme court
or to the court of appeals, the clerk. reg
lister, or judge of probate of the court
rendering such judgment or decree shall
within 20 days after such appeal bond is
approved and filed make out certificate
of appeal and Immediately forward the
same, by mail to the clerk of the supreme
court or of the court of appeals. 10 which
the appeal is. under the law. returnable
Upon the receipt of such certificate the
clerk of the supreme court or of the
court of appeals, as the case may be-
shall docket the appeal to its proper place
on the trial docket.
The certificate of appeal provided for
and required by this rule and that just
preceding (i3) shall not be duplicated
when the transcript is prepared, but the
clerk of the appellate court shall attach
the certificate he has received to the
transcript when the transcript is season.
ably filed in his office.
Rule 45. Reversals; new trial. error
without injury. Hereafter no judgment
will be reversed or set aside, nor new
trial granted by this court or by any other
court of this state, in any civil crimi-
nal case on the ground of misdirecton
OF the jury, the giving or refusal of spe-
cial charges or the improper admission
or rejection of evidence, nor for error as
TO any matter of pleading procedure,
unless in the opinion of the court to which
the appeal is taken. or application is
made, after an examination of the entire
cause, it should appear that the error
complained of has probably injuriously
affected substantial rights of the parties.
n..I
Existing Rule 80, found in the code of
1907 is amended by the addition OF the
following thereto:
THE above shall not be so construed