Holland v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. Ed. B. Almon. The appellant in this case., R. M. Holland, was prosecuted and convicted for trespass after warning. The proesecution was instituted in the county court of AYalker county by the making of an affidavit before a notary public and ex officio justice of the peace, which affidavit was in words and figures as follows: “Before me, AY. S. Bowed, N. P. Ex. off.
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Appeal from the Circuit Court of Walker. Tried before the Hon. Ed. B. Almon. The appellant in this case., R. M. Holland, was prosecuted and convicted for trespass after warning. The proesecution was instituted in the county court of AYalker county by the making of an affidavit before a notary public and ex officio justice of the peace, which affidavit was in words and figures as follows: “Before me, AY. S. Bowed, N. P. Ex. off. J. P. of said county, personally appeared P. L. Dryer who, by me first being duly sworn, deposes and says that he has probable cause to believe, and does believe, that…
1Opinion of the Court
SHARPE, J. —
In the circuit court no question was raised as to the propriety of the county court’s action in allowing the affidavit by which the prosecution was commenced to be amended, and consequently no such question is here for review. Generally in prosecutions begun by affidavit amendments to the affidavit may be allowed. — Wright v. State, 136 Ala. 139. As amended the affidavit charges an offense substantially in the language of section 5606 of the Code, and is not subject to objection for lack of a particular description of the premises alleged to have been trespassed upon, or to any…
2Cases cited2 opinions
- Wright v. StateSupreme Court of Alabama · 1902
- Watson v. StateSupreme Court of Alabama · 1879
3Cited by7 opinions
- Campbell v. StateSupreme Court of Alabama · 1907
- Rogers v. StateAlabama Court of Appeals · 1915
- Lipscomb v. MooreSupreme Court of Alabama · 1933
- Mayhall v. StateSupreme Court of Alabama · 1906
- Morrison v. StateSupreme Court of Alabama · 1907
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