Butler v. State
Supreme Court of Alabama
Appeal from the 'County Court of Morgan. Tiled before the Hon. William E. Si-ceggs. The prosecution against the appellant was commenced by W. S. Taylor making the following affidavit before 1). I). Ford, a justice of the peace in Morgan county; “Before me, 1). I). Ford, a justice of the peace for said county, personally appeared W. S. Taylor, who being duly -sworn, deposes and says, that on the .... day of May, 1899, in said State and county, the offense of larceny of four…
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Appeal from the 'County Court of Morgan. Tiled before the Hon. William E. Si-ceggs. The prosecution against the appellant was commenced by W. S. Taylor making the following affidavit before 1). I). Ford, a justice of the peace in Morgan county; “Before me, 1). I). Ford, a justice of the peace for said county, personally appeared W. S. Taylor, who being duly -sworn, deposes and says, that on the .... day of May, 1899, in said State and county, the offense of larceny of four sheep, the property of said W. S. Taylor, was in the opinion of the complainant committed, and that William Butler is…
1Opinion of the CourtMcCLELLAN, C. J.
The affidavit or sworn complaint made before the justice of the peace initiating this prosecution, and upon Avhich Butler was tried in the justice’s court, is wholly insufficient as the basis for a warrant of arrest, or further prosecution of the defendant, for that it is not the affirmation of the existence of probable cause for believing and the belief of affiant, but the affirmation of his mere opinion that the offense of larceny of four sheep has been committed and *129that William Butler is guilty thereof. Such a complaint will not support the judgment of the justice, nor the statement filed…
2Cases cited2 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Johnson v. StateSupreme Court of Alabama · 1886
3Cited by39 opinions
- Ex Parte SeymourSupreme Court of Alabama · 2006
- Ross v. StateCourt of Criminal Appeals of Alabama · 1988
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Robertson v. StateAlabama Court of Appeals · 1924
- Poole v. StateCourt of Criminal Appeals of Alabama · 2002
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