Legal Opinion

Martin v. State

Alabama Court of Appeals

Decided July 1, 1911PublishedCited by 3 opinions

Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Albert Martin was convicted of violating the prohibition law, and he appeals. The original affidavit was sworn to by J. G. Brown and made before A. H. Gentry, a justice of the peace, dated May 9, 1910, and alleged that the crime was committed within 60 days before the making of the affidavit.

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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Albert Martin was convicted of violating the prohibition law, and he appeals. The original affidavit was sworn to by J. G. Brown and made before A. H. Gentry, a justice of the peace, dated May 9, 1910, and alleged that the crime was committed within 60 days before the making of the affidavit. The amended affidavit was signed by W. T. Davis, made before B. M. Miller, judge of the Fourth judicial circuit, and stated that before making the original affidavit in this case Albert Martin did offer for sale, keep, or have in his…

1Opinion of the Court

PELHAM, J.-

The defendant was tried for a violation of the prohibition laws on affidavit and warrant originally issued by a justice of the peace returnable to the circuit court. On the trial in the circuit court, the state was allowed to amend the affidavit; the amended affidavits not being signed by the same person who signed the original affidavit. The defendant objected to the state’s amending the affidavit, and, upon the objection being overruled by the court, reserved an exception. To the affidavit as last amended the defendant filed demurrers, which were overruled by the court. The…

2Cases cited8 opinions

  1. Wright v. StateSupreme Court of Alabama · 1902
  2. DeArman v. StateSupreme Court of Alabama · 1884
  3. Holman v. StateSupreme Court of Alabama · 1905
  4. Scott v. StateSupreme Court of Alabama · 1896
  5. Thompson v. Tower Manufacturing Co.Supreme Court of Alabama · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Banks v. StateSupreme Court of Alabama · 1921
  2. Knight v. StateCourt of Criminal Appeals of Oklahoma · 1919
  3. Banks v. StateAlabama Court of Appeals · 1921

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