Martin v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. A. L. Bankin. Coot Martin was convicted of selling mortgaged property, and he appeals. The motion to quash should have been granted. Acts 1907, p. 237; Sec. 7423, Code 1907. The mortgage was improperly admitted in evidence. Sec. 7423, and 4004, Code 1907. Counsel discuss other assignments of error, but without citation of authority.
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Appeal from Andalusia City Court. Heard before Hon. A. L. Bankin. Coot Martin was convicted of selling mortgaged property, and he appeals. The motion to quash should have been granted. Acts 1907, p. 237; Sec. 7423, Code 1907. The mortgage was improperly admitted in evidence. Sec. 7423, and 4004, Code 1907. Counsel discuss other assignments of error, but without citation of authority. There was no error in overruling motion to quash.' — Wilson v. The State, 99 Ala. 194.t The mortgage was properly admitted in evidence, as it ivas properly proven. — J ones v. The State, 113 Ala. 95; Houston v;…
1Opinion of the CourtPelham, J.
The affidavit charged the defendant with selling mortgaged property, and the writ of arrest or warrant issued on the affidavit was directed “to any lawful officer of said county” (Covington). The defendant moved the court to quash the warrant because *92not addressed in the manner prescribed by law. If the warrant is defective in the manner complained of, the objection would not be a ground for quashing a sufficient affidavit or complaint. “It could be argued with equal force that an indictment in regular form should be quashed because the capias, under which the indicted party was arrested, was…
2Cases cited7 opinions
- Olmstead v. StateSupreme Court of Alabama · 1889
- Wilson v. StateSupreme Court of Alabama · 1892
- Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
- Houston v. StateSupreme Court of Alabama · 1896
- Jones v. StateSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cox v. StateAlabama Court of Appeals · 1932
- Holmes v. StateAlabama Court of Appeals · 1941
- Yates v. StateAlabama Court of Appeals · 1944
- McCleskey v. StateAlabama Court of Appeals · 1938
- Barksdale v. BullingtonSupreme Court of Alabama · 1915