Legal Opinion

Lee v. State

Alabama Court of Appeals

Decided February 3, 1914PublishedCited by 17 opinions

Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Anna Lee was convicted of unlawfully storing or having in her possession intoxicating liquors or beverages, contrary to law, and she appeals. No statement was filed by the solicitor of the cause of complaint, and there was no waiver of a filing thereof. — Moss v. State, 42 Ala. 546; Spicer v. State, 69 Ala. 163; McGhee v. State, 22 South. 113; sec. 6730, Code 1907; Haynes v. State, 5 Ala.

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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Anna Lee was convicted of unlawfully storing or having in her possession intoxicating liquors or beverages, contrary to law, and she appeals. No statement was filed by the solicitor of the cause of complaint, and there was no waiver of a filing thereof. — Moss v. State, 42 Ala. 546; Spicer v. State, 69 Ala. 163; McGhee v. State, 22 South. 113; sec. 6730, Code 1907; Haynes v. State, 5 Ala. App. 167. Counsel discusses the other assignments of error, but without citation of authority. Section 6730, Code 1907, is not applicable to…

1Opinion of the CourtPelham, J.

The prosecution was begun by affidavit, and it is not show that objection was made in *193tlie trial court to the failure of the solicitor to file a brief statement of the cause of complaint, as required by section 6730 of the Code, when the trial in that court is de novo, and no ruling of the trial court is shown: to have been invoked or made on this question. See Wright v. State, 136 Ala. 139, 145, 34 South. 223. Section 32 of the act commonly known as the “Fuller Bill” (Acts Sp. Sess. 1909, p. 92) authorizes prosecutions of this nature to be begun by affidavit, as well as by' indictment, and…

2Cases cited2 opinions

  1. Fitzpatrick v. StateSupreme Court of Alabama · 1910
  2. Wright v. StateSupreme Court of Alabama · 1902

3Cited by17 opinions

  1. McLosky v. StateSupreme Court of Alabama · 1923
  2. Howard v. City of BessemerAlabama Court of Appeals · 1959
  3. Ex parte RodgersAlabama Court of Appeals · 1915
  4. Ford v. City of BirminghamAlabama Court of Appeals · 1950
  5. Chaney v. City of BirminghamAlabama Court of Appeals · 1944

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