Powell v. State

An affidavit for a search warrant was made before a justice of the peace, under Section 1975, Code 1930, Section 2014, Code 1942, — in the chapter on Intoxicating Liquors, — and the warrant was issued and served. In the search intoxicating liquor was found, and appellant was arrested and gave bond. On the third day thereafter, appellant was tried by the justice of the peace and was convicted, and on appeal to the circuit court he was again convicted, and he has appealed to this court.

No affidavit charging a specific offense, or any offense, was made and lodged with the justice of the peace,…