Kiker v. State

SAMFORD, Judge.

The charge was instituted in the county court by affidavit charging that the defendant had in his possession prohibited beer, which affidavit ended with the words “according to law.” On appeal the solicitor filed complaint which charged that the defendant “within twelve months before the Commencement of this prosecution did have prohibited beer in possession contrary to law, etc.” Demurrers were interposed to the complaint, which demurrers were overruled.

The objections raised to the affidavit and the complaint of the solicitor are hypercritical. The affidavit specifically…