Legal Opinion

Ross v. State

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 36 opinions

Appeal from tbe County Court of .Cullman. Tried before tbe Hon. S. L. Fuller. Tbe appellant in this case, Yance Boss, was tried and convicted in a prosecution, wbicli was commenced by a complaint made by one T. H. Ilooton, before tbe judge of tbe county court of Cullman county, wbicli complaint was in words and figures as follows: “Before me, S. L. Fi ller, judge of tbe county court of said county, person a'ly appeared T. H. Hooton wlio being duly sworn, doth depose and say…

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Appeal from tbe County Court of .Cullman. Tried before tbe Hon. S. L. Fuller. Tbe appellant in this case, Yance Boss, was tried and convicted in a prosecution, wbicli was commenced by a complaint made by one T. H. Ilooton, before tbe judge of tbe county court of Cullman county, wbicli complaint was in words and figures as follows: “Before me, S. L. Fi ller, judge of tbe county court of said county, person a'ly appeared T. H. Hooton wlio being duly sworn, doth depose and say that be bas probable cause for believing, and doth believe, that tbe offense of carrying a pistol concealed about-bis…

1Opinion of the Court

HARALSON, J. —

The affidavit for the arrest of the defendant, charging him with the commission of the offense therein named, seems to have followed the requirements of the Code, (§ 4600), and was not subject to the demurrer interposed to it.

2. In the bill of exceptions reference is made to a motion to quash the affidavit on which defendant was tried, but no motion to this effect is set out in the transcript, and no question, therefore, as to the ruling of the court on the motion is presented for review. — Wiggins v. Witherington, 96 Ala. 535.

3. The prosecutor had testified to facts tending to…

2Cases cited7 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1853
  2. Holland v. BarnesSupreme Court of Alabama · 1875
  3. Byers v. StateSupreme Court of Alabama · 1894
  4. Tolbert v. StateSupreme Court of Alabama · 1888
  5. Carson v. StateSupreme Court of Alabama · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Braham v. StateSupreme Court of Alabama · 1904
  2. Smith v. StateSupreme Court of Alabama · 1904
  3. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. HatasSupreme Court of Alabama · 1971
  4. Williams v. StateSupreme Court of Alabama · 1906
  5. Montgomery v. StateSupreme Court of Alabama · 1909

31 more not listed; retrieve them via the Exa API.

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