Legal Opinion
Walker v. State
Alabama Court of Appeals
Decided January 14, 1919No. 5 Div. 293PublishedCited by 3 opinions
Appeal from Circuit Court, Elmore County; A. B. Poster, Judge. Duff Walker was convicted of violating the prohibition laws, and appeals.
1Opinion of the CourtBrown, P. J.
[1] In prosecutions for a violation of the prohibition laws, the statute provides that the prosecution—
“may be begun by affidavit as well as by indictment, and that when begun by affidavit, the person charged shall not have the right to demand that a Grand Jury shall prefer indictment for the alleged offense, but the prosecution may continue no matter in what court or before what judge the trial shall be had upon the affidavit upon which it was originally begun." Acts 1915, p. 32, § 32.
Therefore the filing of the complaint, as provided by section 6730 of the Code of 1907, was not essential to…
2Cases cited2 opinions
- Lee v. StateAlabama Court of Appeals · 1914
- Captain v. StateAlabama Court of Appeals · 1914
3Cited by3 opinions
- Collins v. StateSupreme Court of Alabama · 1928
- Shaw v. StateAlabama Court of Appeals · 1922
- Soutoula v. StateAlabama Court of Appeals · 1924