Legal Opinion

Guin v. State

Alabama Court of Appeals

Decided December 16, 1919No. 5 Div. 303PublishedCited by 6 opinions

Appeal fi-om Circuit Court, Chilton County; Leon McCord, .Judge. William Guin was convicted of violating the prohibition law, and he appeals. This cause must be reversed, on the authority of Haynes v. State, 5 Ala. App. 167, 59 South. 325. The rule invoked by appellant has no application to offenses for violating the prohibition law. SI South. 179; S2 South. 560.

1Opinion of the CourtMerritt, J.

The defexxdant was convicted in the circuit court of violation of the prohibition law and appeals.

Prosecution was begun by affidavit sworn out before the probate judge and made returnable before him. A warrant of arrest was executed by arresting the defendant, and the record nowhere shows any disposition of the case in the county court. There is a judgment entry reciting that in the circuit court the defendant was found guilty on axi indictment. This clearly indicates, however, that the conviction was under an affidavit; but it nowhere appears in the' record how the case got from the county…

2Cited by6 opinions

  1. Hall v. StateAlabama Court of Appeals · 1923
  2. Worrell v. StateCourt of Criminal Appeals of Alabama · 1978
  3. Courson v. StateAlabama Court of Appeals · 1922
  4. James v. StateAlabama Court of Appeals · 1938
  5. Parrish v. StateAlabama Court of Appeals · 1930

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