Hunter v. State

The case of Ex parte Bankhead, 200 Ala. 102, 75 So. 478, relied upon by the majority-of the Justices, was decided in 1917. It is true that in that case it was held that the trial court had jurisdiction. It is also true that there was no affidavit filed in that case. But this fact appears only from an examination of the original transcript. It does not appear in the opinion of this court that the same conclusion would have been reached if the absence of the affidavit had been called to the court’s attention. Hence, I do not think that case is controlling here.

In 1924 the Court of Appeals, in…