Brown v. State
Supreme Court of Alabama
From tbe Circuit Court of Shelby. Tried before the Hon. John Henderson. This prosecution was commenced before a justice of the peace, and was removed into the Circuit Court by appeal on the part of the defendant. The warrant of arrest, issued by the justice, charged the defendant with “ the offense of failing to work the road; ” and the offense was thus described in the affidavit, on which the warrant was founded.
Read the full summary
From tbe Circuit Court of Shelby. Tried before the Hon. John Henderson. This prosecution was commenced before a justice of the peace, and was removed into the Circuit Court by appeal on the part of the defendant. The warrant of arrest, issued by the justice, charged the defendant with “ the offense of failing to work the road; ” and the offense was thus described in the affidavit, on which the warrant was founded. The complaint, or statement, filed in the Circuit Court by the solicitor, alleged that “Cecil Brown, within twelve months before the commencement of this prosecution, did'willfully…
1Opinion of the CourtBbioeell, C. J.
-There was no error in overruling tbe motion to strike tbe statement or accusation from tbe files. It did not depart from the warrant and complaint issued by the justice of tbe peace. These simply designated by name tbe offense with which tbe defendant was charged, and tbe designation satisfied tbe requirements of tbe statutes. Independent of statutory provision, technical accuracy in such proceedings, bad before a justice of tbe peace, was not expected or required; and they were regarded as sufficient, whenever, upon a fair, reasonable construction of their language, a charge of a known…
2Cases cited4 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Waller v. StateSupreme Court of Alabama · 1867
- State v. HughesSupreme Court of Alabama · 1841
- Crosby v. HawthornSupreme Court of Alabama · 1854
3Cited by27 opinions
- State v. KeehnSupreme Court of Kansas · 1911
- Torrey v. BurneySupreme Court of Alabama · 1896
- Spear v. StateSupreme Court of Alabama · 1898
- Travis v. StateCourt of Criminal Appeals of Alabama · 1981
- Wells v. StateSupreme Court of Alabama · 1906
22 more not listed; retrieve them via the Exa API.