Legal Opinion

Davis v. State

Alabama Court of Appeals

Decided January 30, 1934No. 3 Div. 737PublishedCited by 1 opinion

1Opinion of the Court

SAMFORD, Judge.

The^prosecution was begun by affidavit and warrant returnable to. the county court, where the cause was tried, the defendant ■convicted, and an appeal was taken to the circuit court.

The statute requires the solicitor to make a brief statement of the cause of complaint, to be filed by him and on which the case is tried de novo in the circuit court. Code 1923, § 3843.

In this record no such statement appears, and for that reason the judgment is reversed and the cause is remanded. Moss v. State, 42 Ala. 546; Howard v. State, 17 Ala. App. 9, 81 So. 345.

Reversed and remanded.

2Cases cited2 opinions

  1. Moss v. StateSupreme Court of Alabama · 1868
  2. Howard v. StateAlabama Court of Appeals · 1919

3Cited by1 opinion

  1. Smith v. StateAlabama Court of Appeals · 1963