Holman v. State
Supreme Court of Alabama
Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. The appellant, was tried in the Geneva County Court on an affidavit and warrant issued by a Justice of the Peace returnable to said court under.the provisions, of the act creating a court of inferior jurisdiction styled “The County Court of Geneva County, charging him with carrying concealed weapon. When the case was called defendant announced ready and entered a plea of not guilty.
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Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. The appellant, was tried in the Geneva County Court on an affidavit and warrant issued by a Justice of the Peace returnable to said court under.the provisions, of the act creating a court of inferior jurisdiction styled “The County Court of Geneva County, charging him with carrying concealed weapon. When the case was called defendant announced ready and entered a plea of not guilty. He then made a motion to quash the affidavit and warrant 1st, because it was not signed by the person making the affidavit; 2nd, because the…
1Opinion of the CourtAnderson, J.
Th act creating the Genevay county court has been held by this court to be valid and not repugnant to the Constitution. — Ex parte Black, in MS.
“An affidavit is a statement of facts under oath, reduced to writing and certified to by .the officer before whom the sáme is made. It is usually, though not necessarily, unless required by statute, signed by the affiant.” — State v. Sullivan, 39 S. R. 400; 1 Am. & Eng.Ency Law, 909. Section 4600 of the Code of 1896 does not require that the affidavit should be signed by the affiant. Besides this objection was not raised until the defendant had plead…
2Cases cited1 opinion
- In re Champion's EstateNew York Surrogate's Court · 1890
3Cited by14 opinions
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Briggs v. Prowell.Supreme Court of Alabama · 1922
- Ellis v. DrakeSupreme Court of Alabama · 1919
- Hendrix v. StateAlabama Court of Appeals · 1922
- Martin v. StateAlabama Court of Appeals · 1911
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