Pruett v. State
Supreme Court of Alabama
Appeal from the County Court of Coffee. Tried before the Hon. John M. Loflin. The appellant in this case, Lige Pruett, was prosecuted and convicted for living in adultery. The prosecution was commenced by an affidavit made before R. A. King, and in said affidavit it is recited that it was made before “R. A. King, Clerk of the Circuit Court in and for said county,” referring to Coffee county. The jurat of the affidavit was signed “R. A. King” without any descriptive, words.
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Appeal from the County Court of Coffee. Tried before the Hon. John M. Loflin. The appellant in this case, Lige Pruett, was prosecuted and convicted for living in adultery. The prosecution was commenced by an affidavit made before R. A. King, and in said affidavit it is recited that it was made before “R. A. King, Clerk of the Circuit Court in and for said county,” referring to Coffee county. The jurat of the affidavit was signed “R. A. King” without any descriptive, words. The warrant of arrest which was issued upon the making of said affidavit was signed “R. A. King, Clerk,” without any…
1Opinion of the Court
McCLELLAN, O. J.
It is the clerk of the circuit coart of Coffee county (who by virtue of that office is also clerk of the county court) who is authorized to take affidavits charging offenses and tO' issue warrants of arrest, by section 15 of the act establishing said county court. — Acts, 1900-1901, p. 861 and 864-5. It was, therefore, regular and proper for the affidavit in this case to recite that it was taken by the clerk of the circuit -court. In strictness it should have also further described the' officer as ex oficio clerk of the county court, but its omission to do so does not…
2Cases cited4 opinions
- Cary v. StateSupreme Court of Alabama · 1884
- Lang v. StateSupreme Court of Alabama · 1887
- Spear v. StateSupreme Court of Alabama · 1898
- Campbell v. StateSupreme Court of Alabama · 1901
3Cited by2 opinions
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