Ex Parte Dison

I did not participate in the opinion of the Court on original deliverance, because I did not sit during the oral arguments, but in view of the gravity of the majority's opinion, I now take this opportunity, on the State's application for rehearing, to register my dissent and express why the overruling of Pierce v. State, 38 Ala. App. 97, 77 So.2d 507 (1954), cert. den., 262 Ala. 702, 77 So.2d 512 (1955), is not required. In Pierce, then-Judge Harwood opined:

"It is true that a solicitor's complaint must rest upon a charge supported by an affidavit. Usually the affidavit filed in the inferior…