Ex Parte McElroy

GARDNER, Chief Justice.

One E. E. Kelley was put upon trial in the Recorder’s Court of Homewood, Alabama, and duly convicted upon the following affidavit:

“The State of Alabama

“Jefferson County

“The Recorder’s Court of Homewood

“Personally appeared before me, the undersigned Judge of the Recorder’s Court, City of Homewood, Alabama, in said County W. O. Haynes who being duly sworn, says that he has probable cause for believing, and does believe that E. E. Kelley whose name is otherwise unknown • to affiant within twelve months before making this affidavit, in said county and within the police…