Legal Opinion

Gray v. State

Alabama Court of Appeals

Decided May 9, 1911Published

Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Will Gray was convicted of carrying a pistol, and he appeals. The affidavit ivas made before J. W. Miller, a justice of the peace, and charged the carrying of a pistol concealed by the person. The warrant thereon was made returnable before the judge of the county court of Clay county on the 1st day of July, 1909, next.

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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Will Gray was convicted of carrying a pistol, and he appeals. The affidavit ivas made before J. W. Miller, a justice of the peace, and charged the carrying of a pistol concealed by the person. The warrant thereon was made returnable before the judge of the county court of Clay county on the 1st day of July, 1909, next. On September 28, 1909, the solicitor filed the complaint as follows: “The state of Alabama, by its solicitor, complains of Will Gray that within 12 months before the commencement of this prosecution he did carry a…

1Per curiam

The appellant was convicted of the offense of carrying a pistol concealed about his person. There is no merit in the objections made to the warrant of arrest, because is was made returnable to the “judge” of the county court, in place of being made returnable *262to the court.—Carnley v. State, 162 Ala. 94, 50 South. 362; Redd v. State, 167 Ala. 96, 52 South. 885.

The other objections, with regard to the return by a justice of the peace to said county court, to the form of the warrant, and to the complaint filed by the solicitor, are without merit. Section 25 of Acts of 1898-99, p. 186, provides:…

2Cases cited2 opinions

  1. Carnley v. StateSupreme Court of Alabama · 1909
  2. Red v. StateSupreme Court of Alabama · 1910

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