Wilson v. State
Supreme Court of Alabama
Erom the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. The defendant in this ease was prosecuted for an “assault with a knife on the person of R. L. Ellis.” The prosecution was commenced before a justice of the peace, by an affidavit made by said Ellis; and the justice thereupon issued a warrant of arrest, directed to “any lawful officer of the State,” and returnable to tbe “Pike County Criminal Court.”
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Erom the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. The defendant in this ease was prosecuted for an “assault with a knife on the person of R. L. Ellis.” The prosecution was commenced before a justice of the peace, by an affidavit made by said Ellis; and the justice thereupon issued a warrant of arrest, directed to “any lawful officer of the State,” and returnable to tbe “Pike County Criminal Court.” On tbe trial, tbe defendant moved to quash the warrant, “on tbe ground tbat it was not in proper formand be excepted to tbe overruling of tbis motion. Said Ellis, tbe only…
1Opinion of the CourtColeman, J.
Tbe plaintiff was tried and convicted of an assauit witb a knife. The prosecution began by complaint made before a justice of the peace, returnable to the “Pike County Criminal Court of said county to answer said charge.” The warrant for tbe arrest was directed by tbe justice of tbe peace, “To any lawful officer of tbe State.” It is insisted tbat tbe warrant should have been directed to any lawful officer of the State of Alabama. The warrant follows tbe form given in tbe Code. See section 4259 of tbe Code, also, section 4397. Tbis objection, if tbe warrant bad been defective in tbe matter…
2Cited by13 opinions
- Simmons v. StateCourt of Criminal Appeals of Alabama · 2000
- Toney v. StateAlabama Court of Appeals · 1916
- Tillis v. StateCourt of Criminal Appeals of Alabama · 1977
- Ex Parte RussellSupreme Court of Alabama · 1994
- Martin v. StateAlabama Court of Appeals · 1912
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