Captain v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Sarah Captain was convicted of violating the prohibition law and she appeals. No statement was filed by the solicitor of the cause of complaint, and there was no waiver of filing thereof. — Moss v. State, 42 Ala. 546; Spicer v. State, 69 Ala. 163; McGhee v. State, 22 South. 113; sec. 6730, Code 1907; Haynes v. State, 5 Ala.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Sarah Captain was convicted of violating the prohibition law and she appeals. No statement was filed by the solicitor of the cause of complaint, and there was no waiver of filing thereof. — Moss v. State, 42 Ala. 546; Spicer v. State, 69 Ala. 163; McGhee v. State, 22 South. 113; sec. 6730, Code 1907; Haynes v. State, 5 Ala. App. 167. Counsel discusses other assignments of error, but Avithout citation of authority. Section 6730, Code 1907, is not applicable to trials for violation of the prohibition laAV, it having been superseded…
1Opinion of the CourtThomas, J.
The failure of the solicitor to file a statement as required by section 6730 of the Code is urged as error; but it was field, in tfie case of Anna Lee v. State, infra, 64 South. 637, not to constitute sucfi wfiere, as fiere, tfie prosecution was for a violation of tfie prohibition laws, and was begun by affidavit and warrant, and tfiere was no objection in tfie lower court to tfie failure of tfie solicitor to file sucfi statement. Tfie affidavit, upon wfiicfi tfie trial was fiad without objection, followed tfie form prescribed by law for charging tfie offense. Under section 32 of tfie Fuller…
2Cases cited1 opinion
- Lee v. StateAlabama Court of Appeals · 1914
3Cited by2 opinions
- Ex parte RodgersAlabama Court of Appeals · 1915
- Walker v. StateAlabama Court of Appeals · 1919