Poole v. State

BRICKEN, Presiding Judge.

The original affidavit upon which the warrant of arrest was predicated contained two counts. However, upon the trial of this case in the lower court the conviction of appellant was rested upon count 2 of the affidavit, which eliminated from consideration all questions pertaining to count 1. Said count 2 is as follows: “Count 2. Affiant further charges that within twelve months before the making of this affidavit, and in Morgan County, Alabama, Ben Poole did refuse to permit D. J. Garrett, a duly authorized agent of the State Tax Commission, to examine the records of…