Smitherman v. State

CARR, Judge.

This appeal followed a conviction in the court below for a violation of Title 8, Sec. 79, Code 1940.

The prosecution had its inception in the Justice of the Peace Court. It is contended that there is a fatal variance between the affidavit filed in the primary court and the complaint filed in the circuit court. The latter followed the language of the code section, supra, and the affidavit is:

“Before me M. D. Foshee, N. P. Ex Off J. P. in and for said County, personally appeared Alton Boulware, who being duly sworn, deposes and says, on oath, that within twelve months before making…