Legal Opinion

Owens v. State

Alabama Court of Appeals

Decided April 6, 1926No. 7 Div. 200PublishedCited by 5 opinions

1Opinion of the CourtBricken, P. J.

Upon entering into the trial of this case in the circuit court, it was made known to the court that the original affidavit charging this defendant with the offense of bastardy, and the original warrant of arrest based thereon, had been lost, whereupon the court allowed the state to substitute those lost papers, and, upon the substituted papers aforesaid the trial of this case was had by complaint filed in the circuit court by the solicitor. In this there was no error, as all* courts have the inherent power, if original papers or records are lost or destroyed, to cause a substitution thereof,…

2Cases cited5 opinions

  1. Smith v. StateSupreme Court of Alabama · 1882
  2. Dorgan v. StateSupreme Court of Alabama · 1882
  3. Laney v. StateSupreme Court of Alabama · 1895
  4. Smith v. StateAlabama Court of Appeals · 1915
  5. Hanna v. StateSupreme Court of Alabama · 1877

3Cited by5 opinions

  1. Sparks v. StateSupreme Court of Alabama · 1953
  2. Coan v. StateAlabama Court of Appeals · 1932
  3. Keel v. StateAlabama Court of Appeals · 1950
  4. Marker v. StateAlabama Court of Appeals · 1932
  5. Timmons v. StateCourt of Criminal Appeals of Alabama · 1979

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