Copeland v. State

CARR, Presiding Judge.

In the court below the accused was convicted on a charge of violating the prohibition law.

The affidavit and warrant 'bear the date of -issuance as November 26, 1951. The return of the sheriff is: “Executed by arresting the within named Defendant and Committed to jail 11/24/52.”

The cause was tried in the county court and after conviction the defendant took an appeal to the circuit court. In the latter jurisdiction the solicitor filed a complaint.

At the inception of the trial proceedings in the circuit court, appellant’s counsel made a motion to strike the affidavit and…