Withers v. State
Supreme Court of Alabama
Appeal from the County Court of Shelby. Tried before the Hon. D. R. McMillan. The prosecution in this case, was commenced by an affidavit made before a justice of the peace of Shelby county, which was as follows: “Before me, C. B. West, a justice of the peace for said State and county, personally appeared George ' Brazier, who being duly sworn deposes and says that he has probable cause for believing and does believe that the offense of trespass after warning has been…
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Appeal from the County Court of Shelby. Tried before the Hon. D. R. McMillan. The prosecution in this case, was commenced by an affidavit made before a justice of the peace of Shelby county, which was as follows: “Before me, C. B. West, a justice of the peace for said State and county, personally appeared George ' Brazier, who being duly sworn deposes and says that he has probable cause for believing and does believe that the offense of trespass after warning has been committed in said county and that Milo Withers, George Jones and Pompey Mathews are guilty thereof, against the peace and…
1Opinion of the CourtHead, J.
We think the warrant of arrest was issued in the proper form, requiring defendant to be taken before the judge of the county court. See form, Cr. Code of 1886, § 4205 and § 4208; Or. Code of 1896, § 4601 and § 4604. The county court, therefore, had jurisdiction of the case.
The affidavit or complaint upon which the warrant was issued and the case tried, was subject to the demurrer assigned to it that it did not show the ownership of the property trespassed upon. Section 4204 of the Code of 1886, (Code of 1896, §4600), requires the affidavit charging an offense against property to state .the…
2Cases cited2 opinions
- Owens v. StateSupreme Court of Alabama · 1883
- Lawson v. StateSupreme Court of Alabama · 1893
3Cited by2 opinions
- Mayhall v. StateSupreme Court of Alabama · 1906
- Keith v. StateAlabama Court of Appeals · 1941