Sale v. State
Supreme Court of Alabama
FROM the County Court of Madison. Tried before the Hon. William. Eichardson, The prosecution in this case was commenced by an affidavit made by Dixie White, before the presiding judge of said court, stating “ that he has reasons for believing, and does believe, that M. S. Sale, before the filing of this complaint, kept or exhibited a gaming-table for gamiDg, or was interested or concerned in the keeping or exhibition thereof; ” which affidavit was subscribed by said Dixie by…
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FROM the County Court of Madison. Tried before the Hon. William. Eichardson, The prosecution in this case was commenced by an affidavit made by Dixie White, before the presiding judge of said court, stating “ that he has reasons for believing, and does believe, that M. S. Sale, before the filing of this complaint, kept or exhibited a gaming-table for gamiDg, or was interested or concerned in the keeping or exhibition thereof; ” which affidavit was subscribed by said Dixie by making his mark, attested by Nich. Davis, and a warrant of arrest was thereupon issued by the judge. On the trial, as…
1Opinion of the CourtStone, J.
Motion was made in the County Court to quash the affidavit and warrant of arrest, on two grounds : First, under seetion 779 of the Code of 1876, which provides that “ it shall not be lawful for a solicitor to commence a prosecution by his own affidavit,” with certain exceptions which do not affect this case. It is a sufficient answer to this objection, that the present prosecution was not commenced by the affidavit of the solicitor, nor even by that of his assistant.
Seeond: It is urged that the affidavit is insufficient in substance to support the warrant that ivas issued. The precise point…
2Cases cited4 opinions
- Masterson v. MatthewsSupreme Court of Alabama · 1877
- Cross v. StateSupreme Court of Alabama · 1879
- Mayo v. StoneumSupreme Court of Alabama · 1841
- Brooks v. Mobile School CommissionersSupreme Court of Alabama · 1857
3Cited by6 opinions
- Shedd v. StateCourt of Criminal Appeals of Alabama · 1987
- Thomas v. StateSupreme Court of Alabama · 1894
- Ex parte DunklinSupreme Court of Alabama · 1882
- Ex Parte FlowersSupreme Court of Alabama · 1928
- Young v. City of Hokes BluffCourt of Criminal Appeals of Alabama · 1992
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