Wells v. State

THOMAS, Justice.

The rule has long been established in this jurisdiction that where the affidavit alleges specifically that the accused com mitted the offense charged, it is stronger than the allegation of probable cause, and hence was sufficient. Redd v. State, 169 Ala. 6, 53 So. 908.

Objections to the affidavit are not available when raised for the first time on appeal. Vinson v. State, 26 Ala.App. 48, 152 So. 259; England v. State, 23 Ala.App. 393, 126 So. 174.

The petitioner was tried in the circuit court on the charge that before the “commencement of the prosecution he was guilty of the…