Legal Opinion

McQueen v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 4 opinions

Appeal from Criminal Court of Pike. Tried before the Hon. T. L. Boeom. The prosecution, in the present case against appellant, Budd McQueen, was commenced by affidavit made by M. J. Owens, before a notary public and ex-officio justice of the peace: “Personally appeared before me, L. Reeves,N. P. and ex-officio J. P., in and for said county, M. J. Owen, who being duly sworn, says, on oath, that he has probable cause for believing and does believe thát, in Pike county, within…

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Appeal from Criminal Court of Pike. Tried before the Hon. T. L. Boeom. The prosecution, in the present case against appellant, Budd McQueen, was commenced by affidavit made by M. J. Owens, before a notary public and ex-officio justice of the peace: “Personally appeared before me, L. Reeves,N. P. and ex-officio J. P., in and for said county, M. J. Owen, who being duly sworn, says, on oath, that he has probable cause for believing and does believe thát, in Pike county, within twelve months before making this affidavit, Budd McQueen, on whom a fine was imposed on conviction for a misdemeanor,…

1Opinion of the CourtHaralson, J.

1.” The general rule is, that a lulling sustaining or overruling a demurrer will not on error be revised, unless the demurrer appear of record. — 3 Brick. Dig. 405, § 13.

In this case, the minute entry shows, that demurrer to the affidavit and warrant was overruled. What that demurrer was, appears in the bill of exceptions alone. In this state of the case, it was incumbent on the. defendant complaining on appeal of the ruling of the court on the demurrer, to affirmatively show error. The affidavit on which the defendant was proceeded against, appears on examination to be in accordance with the…

2Cases cited1 opinion

  1. Verberg v. StateSupreme Court of Alabama · 1902

3Cited by4 opinions

  1. Lacey v. StateSupreme Court of Alabama · 1908
  2. Askew v. StateAlabama Court of Appeals · 1912
  3. Gains v. StateSupreme Court of Alabama · 1907
  4. Glass v. StateAlabama Court of Appeals · 1913

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