Gilbert v. State

The affidavit upon which the warrant was issued and the defendant was tried in the county court was not in exact accord with the requirements of section 3815 of the Code of 1923, in that said affidavit did not allege that affiant had probable cause for believing that the offense charged had been committed. No objection was taken to the affidavit in the county court, and no ground of demurrer raising this point was filed in the circuit court. The affidavit is amendable and is sufficient to support a verdict. For that reason the objection cannot be raised for the first time in this court.

The…