Mount v. State

CATES, Judge.

Appeal from conviction under a solicitor’s complaint, on trial de novo, of a charge of possessing obscene; material.1 Sentence, after verdict, six months in the Etowah County Jail.

I

The search warrant, dated August 4, 1965, was not issued by the County Court Clerk but by his assistant who used the clerk’s name without any indication of deputization. The clerk was not in the courthouse when the affiant applied, nor did he appear before the clerk for the warrant of concern. See Act No. 91, June 27, 1963, p. 4752; Womack v. State, 281 Ala. 499, 205 So.2d 579.

Under Aguilar v. Texas,…