Brasher v. State

On appeal from conviction in the county court, and where the solicitor files a complaint in the circuit court, such complaint in its material allegations should be based upon, and confined to, the material allegations or charge in the original complaint or affidavit; otherwise there is a departure from the original accusation and charge upon which the state elected to proceed, and upon which the defendant was originally called upon to defend, and a departure of this character is not allowable. While the law provides that the case is to be tried de novo in the circuit court, yet the defendant…