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Citation Codes
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Docket Number
Attorney(S)
  • A. G. Seay, of Troy, for appellant. On appeal from the county court to the circuit court, the solicitor must make a brief statement of the cause of complaint. Failure is ground for reversal. Collins v. State, 19 Ala. App. 518, 98 So. 489; Owens v. State, 19 Ala. App. 573, 99 So. 155; Denham v. State, 17 Ala. App. 402, 86 So. 163. Harwell G. Davis, Atty. Gen., and Robt. G. Tate, Asst. Atty. Gen., for the State. In cases of this character it is not necessary to file a complaint. Code 1923, § 4646; Du Bose v. State, 19 Ala. App. 630, 99 So. 746. No motion was made to exclude the answer to the question whether witness had a search warrant, and the exception is not well taken. Posey v. State, 17 Ala. App. 449, 86 So. 117; White v. State, 20 Ala. App. 213, 101 So. 312; McGee v. State, 20. Ala. App. 221, 101 So. 321.
Judges
  • RICE, J.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • A. G. Seay, of Troy, for appellant. On appeal from the county court to the circuit court, the solicitor must make a brief statement of the cause of complaint. Failure is ground for reversal. Collins v. State, 19 Ala. App. 518, 98 So. 489; Owens v. State, 19 Ala. App. 573, 99 So. 155; Denham v. State, 17 Ala. App. 402, 86 So. 163. Harwell G. Davis, Atty. Gen., and Robt. G. Tate, Asst. Atty. Gen., for the State. In cases of this character it is not necessary to file a complaint. Code 1923, § 4646; Du Bose v. State, 19 Ala. App. 630, 99 So. 746. No motion was made to exclude the answer to the question whether witness had a search warrant, and the exception is not well taken. Posey v. State, 17 Ala. App. 449, 86 So. 117; White v. State, 20 Ala. App. 213, 101 So. 312; McGee v. State, 20. Ala. App. 221, 101 So. 321.
Judges
  • RICE, J.
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Smart Summary

JOHNSON v. STATE.

RICE, J.

Appellant was convicted of the offense of having prohibited liquor in his possession.

The prosecution having been begun upon an affidavit and warrant in the county court, it was not necessary to even file a complaint in the circuit court. Code 1923, § 4646.

There was no error in allowing the state's witness Furlow to state that appellant's premises were searched under the authority of a search warrant. True, under our law it made no difference, but it surely cannot be said to be improper for the jury to have the information.

We find nowhere any prejudicial error, and the judgment is affirmed.

Affirmed.

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JOHNSON v. STATE
(Jan 11, 1927)