Bramlette v. State

Appellant was tried and convicted by a justice of the peace upon what purported to be an affidavit charging unlawful possession of intoxicating liquor. The alleged affidavit was neither signed nor sworn to prior to his trial, but after conviction and appeal taken therefrom it was signed and sworn to by the officer who had previously procured its preparation.

Upon appeal to the circuit court appellant moved to quash the affidavit. Motion was denied, the case was tried to a jury, and defendant convicted. The error assigned is that the circuit court was without jurisdiction because the affidavit…