Boyett v. State
Supreme Court of Alabama
AppExVb from Dale Circuit 'Court. Tried before Hon. A. A. Evans. Prosecution of JET.. C-; Boyett for.-a violation of section 5624 of tlie Code, instituted in the county court of Dale county, upon.tlie affidavit or complaint of one Amos Chancey. From a judgment of conviction in the county court defendant appealed to the circuit court.
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AppExVb from Dale Circuit 'Court. Tried before Hon. A. A. Evans. Prosecution of JET.. C-; Boyett for.-a violation of section 5624 of tlie Code, instituted in the county court of Dale county, upon.tlie affidavit or complaint of one Amos Chancey. From a judgment of conviction in the county court defendant appealed to the circuit court. Before entering upon the trial in the circuit court defendant objected to being tried upon the ground that his plea of .misnomer, alleging that his true name was Henry Boy-ett, had been sustained in the county court, anil that the solicitor had there been allowed…
1Opinion of the CourtTyson, J.
The defendant after, conviction in the county court, appealed to the circuit court. In the circuit court the trial is de novo and must be had,, unless waived, upon a brief statement of the -cause of the complaint signed by the solicitor which is amendable by leave of the court.—§ 4627 of Calm. Code and authorities cited under it. It is too clear for argument- that nothing that is shown to have' occurred upon the- trial in the county-court, was cause for abatement of the prosecution in the circuit court.—Tatwin v. The State, 66 Ala. 465.
The prosecution was for an alleged violation of -section…
2Cases cited5 opinions
- Tatum v. StateSupreme Court of Alabama · 1880
- Clements v. PearceSupreme Court of Alabama · 1879
- Nolin v. ParmerSupreme Court of Alabama · 1852
- Bridges v. McClendonSupreme Court of Alabama · 1876
- Wheeler v. StateSupreme Court of Alabama · 1895
3Cited by2 opinions
- Barber v. StateIndiana Supreme Court · 1927
- Edgar v. StateSupreme Court of Alabama · 1908