Legal Opinion

Ray v. State

Alabama Court of Appeals

Decided January 20, 1920No. 5 Div. 301PublishedCited by 2 opinions

Appeal from Circuit Court, Chilton County ; Leon McCord, Judge. Lloyd Ray was convicted of violating the prohibition laws, and he appeals. The ease was tried in the circuit court on the warrant and affidavit issued from the county court. So far as disclosed by the record, no trial was ever had in the county court. No statement by the state’s counsel was filed.

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Appeal from Circuit Court, Chilton County ; Leon McCord, Judge. Lloyd Ray was convicted of violating the prohibition laws, and he appeals. The ease was tried in the circuit court on the warrant and affidavit issued from the county court. So far as disclosed by the record, no trial was ever had in the county court. No statement by the state’s counsel was filed. The return to certiorari shows a trial and conviction in the county court and an appeal regularly taken to the circuit court. The evidence shows an attempt to manufacture prohibited liquors, rather than an accomplishment of that…

1Opinion of the CourtBricken, P. J.

[1,2] The deficiencies and discrepancies in the record complained of by appellant and insisted upon as constituting reversible error were remedied by the returns to the certiorari issued by this court. The record now appears regular in all respects, with the one exception: The judgment entry recites that defendant was legally arraigned upon the “indictment,” and for his plea thereto says he is not guilty, etc. The defendant was put to trial in the circuit court upon the affidavit originally sworn out against him in the county court, and, while-the judgment entry should have contained the word…

2Cases cited3 opinions

  1. Haynes v. StateAlabama Court of Appeals · 1912
  2. Corkran v. StateSupreme Court of Alabama · 1919
  3. Mixon v. StateAlabama Court of Appeals · 1916

3Cited by2 opinions

  1. Shaw v. StateAlabama Court of Appeals · 1922
  2. Soutoula v. StateAlabama Court of Appeals · 1924

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