Greene v. State
Supreme Court of Alabama
Appeal form the County Court of Sumter. Tried before the I-Ion. W. XL DeLoach. The facts of the case are sufficiently stated in the opinion. The prosecution before the-justice of the peace, can in no sense be said to be the commencement of the prosecution upon the indictment in this case. See Marlin v. The State, 79 Ala. 267; Buhe v .The- State, 76 Ala. 73; Giles v. The State, 88 Ala. 23.
1Opinion of the CourtTyson, J.
This appeal is from a judgment of conviction by the judge of the county court of Sumter county for carrying a pistol concealed in April, 1899, up*158on an indictment preferred by a grand jury of tbe circuit court at the spring term 1903, and properly transferred to the county court. — Local Acts, 1898-99.
It appears that the offense was committed in April, 1899, four years before the finding of the indictment.
The record discloses, it is true, that a prosecution was commenced in December, 1899, for this same offense by affidavit made before a justice of the peace upon which warrants were issued…
2Cases cited1 opinion
- Giles v. StateSupreme Court of Alabama · 1889
3Cited by1 opinion
- King v. StateSupreme Court of Alabama · 1907