Carlisle v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. This prosecution was commenced before a justice of the peace, before whom an affidavit was made by one Mitchell Stringer, to this effect: “-that he has probable cause for believing, and does believe, that the offense of obtaining money under false pretenses has been committed in said county by Andrew Carlisle; that said Carlisle, about the 11th or 12th October, 1883, obtained from affiant one dollar in…
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From the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. This prosecution was commenced before a justice of the peace, before whom an affidavit was made by one Mitchell Stringer, to this effect: “-that he has probable cause for believing, and does believe, that the offense of obtaining money under false pretenses has been committed in said county by Andrew Carlisle; that said Carlisle, about the 11th or 12th October, 1883, obtained from affiant one dollar in United States silver coin, by delivering a violin to affiant, to be held by him one day, and if said dollar was not paid…
1Opinion of the CourtStone, C. J.
— This prosecution was commenced, and the defendant convicted, before a justice of the peace. lie appealed to the Circuit Court, and was tried de novo. No statement was filed by the solicitor, but the record informs us the case was tried, by consent, on the affidavit for warrant of arrest. The affidavit is very full, and sets forth every ingredient of this statutory crime. We know no rule of law, which will deny to parties the power to dispense with the statement the solicitor is required to file in cases of appeal, and to substitute, by consent, the affidavit for the warrant of arrest, when…
2Cases cited2 opinions
- Woodbury v. StateSupreme Court of Alabama · 1881
- Mack v. StateSupreme Court of Alabama · 1879
3Cited by11 opinions
- Kousisis v. United StatesSupreme Court of the United States · 2025
- White v. StateSupreme Court of Alabama · 1888
- Goolsby v. StateSupreme Court of Alabama · 1925
- Ex parte RileySupreme Court of Alabama · 1891
- Yeager v. StateCourt of Criminal Appeals of Alabama · 1986
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