Monroe v. State
Supreme Court of Alabama
Appeal from the County Court- of Elmore. Tried before the Hon. H. J. Lancaster. The prosecution against the appellant in this case was commenced by an affidavit made by O. II. Daniel before the judge of the county court of Elmore county, 'which affidavit was in words and figures as follows: “Before me, II.
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Appeal from the County Court- of Elmore. Tried before the Hon. H. J. Lancaster. The prosecution against the appellant in this case was commenced by an affidavit made by O. II. Daniel before the judge of the county court of Elmore county, 'which affidavit was in words and figures as follows: “Before me, II. J. Lancaster, judge of the county court of said county, personally appeared O. H. Daniel, who, by me first duly sworn, deposes and says that he has reason to believe, and does believe, that within twelve months before making this affidavit and in -said county Hox Monroe, alias Hoxie Monroe,…
1Opinion of the Court
McCLELLAN, O. J.
The affirmation of reasons to believe and belief in a-complaint is not the equivalent of the affirmation of the existence of probable cause to believe and belief that a designated offense ivas committed by a party named. It. is of easy conception that a person might have reasons to believe that a fact exists, and, therefore, believe that it- does exist -without having that probable cause for belief of its existence, the affirmation of which is the necessary basis under the constitution and statute for a warrant of arrest and prosecution to conviction. The complaint in this…
2Cases cited3 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Butler v. StateSupreme Court of Alabama · 1900
- Johnson v. StateSupreme Court of Alabama · 1886
3Cited by11 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Robertson v. StateAlabama Court of Appeals · 1924
- Price v. CommonwealthCourt of Appeals of Kentucky · 1922
- Salter v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Shannon v. SimmsSupreme Court of Alabama · 1906
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