Pate v. State

The prosecution in this case originated by affidavit and warrant before a justice of the peace on June 14, 1931; the warrant was returnable to the county court. From a judgment of conviction in the county court, an appeal was taken to the circuit court, and was there tried upon a complaint filed by the solicitor which contained two counts. Count 1 was framed as for a violation of section 3325 of the Code 1923; and count 2 of the complaint as for a violation of section 3328 of the Code 1923. In each instance the counts practically follow the wording of the respective statutes, supra, and, in…