Campbell v. State
Supreme Court of Alabama
Appeal from Wilcox County Court. Heard before Hon. J. F. Foster. John Campbell was convicted of obtaining property by false pretenses under a contract to perfoim service, and appeals.
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Appeal from Wilcox County Court. Heard before Hon. J. F. Foster. John Campbell was convicted of obtaining property by false pretenses under a contract to perfoim service, and appeals. The original affidavit in the county court was in the following language: “I have probable cause for believing and do believe that the offense of breaking a labor contract, said contract being in writing, made between John Campbell and R. B. McNeil, dated June 11, 1904, has been committed in said county by the said John Campbell on, to-wit, the 80th day of January, 1905.” Demurrers were interposed, for that the…
1Opinion of the CourtTyson, C. J.
The original affidavit or complaint d.id no more than to attempt to designate the offense by name, etc., which is entirely permissible in prosecutions for misdemeanors. — Gen. Acts 1.903, p. 283. Whether it sufficientilv did so to withstand an attack is not presented by the record, since, before the demurrer interposed to it was passd upon by the court, an amandatory affidavit was filed which, sufficiently charged the offense in detail. This amendment seems to have been objected to, but no exception to its allowance is shown by the bill of exceptions. But, if the exception had been properly…
2Cases cited5 opinions
- Simpson v. StateSupreme Court of Alabama · 1895
- Wright v. StateSupreme Court of Alabama · 1902
- Houston v. StateSupreme Court of Alabama · 1896
- Holland v. StateSupreme Court of Alabama · 1903
- Chastain v. PorterSupreme Court of Alabama · 1900
3Cited by12 opinions
- Edwardson v. StateSupreme Court of Alabama · 1951
- Ex Parte McElroySupreme Court of Alabama · 1941
- Bush v. StateAlabama Court of Appeals · 1915
- McCullars v. StateSupreme Court of Alabama · 1922
- Rogers v. StateAlabama Court of Appeals · 1915
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