Brazleton v. State
Supreme Court of Alabama
From the Circuit Court of Madison. Tried before the Hon. William Richardson. This prosecution was commenced by a complaint under oath, made by Alexander Craft, before the judge of said County Court, stating that “ affiant has cause to believe, and does believe, that before the filing of this complaint, and in said county of Madison, William H. Brazleton did unlawfully break down and throw down a fence, the property of Thomas M. Cobb; against the peace,” &c.
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From the Circuit Court of Madison. Tried before the Hon. William Richardson. This prosecution was commenced by a complaint under oath, made by Alexander Craft, before the judge of said County Court, stating that “ affiant has cause to believe, and does believe, that before the filing of this complaint, and in said county of Madison, William H. Brazleton did unlawfully break down and throw down a fence, the property of Thomas M. Cobb; against the peace,” &c. A warrant, or writ of arrest, was thereupon issued by the clerk of said court, commanding the arrest of the defendant “ to answer a…
1Opinion of the CourtBrickell, C. J.
The County Court is clothed with jurisdiction of misdemeanors committed in the county, and prosecutions for them are commenced originally by the affidavit of some person, that he has probable cause for believing, and does believe, that the party accused has committed a misdemeanor, designating it by name, or by some other phrase, which, in common parlance, designates it. The warrant for the arrest of the party charged conforms to, and describes the offense by, its designation in the affidavit. *98Code of 1876, §§ 4702-3. The statute is intended to dispense with the particularity observed in…
2Cited by31 opinions
- Leach v. StateAlabama Court of Appeals · 1944
- Ex Parte LedbetterSupreme Court of Alabama · 1981
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Warrick v. StateCourt of Criminal Appeals of Alabama · 1984
- Rose v. MagroSupreme Court of Alabama · 1929
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