Hanchey v. Brunson
Supreme Court of Alabama
Appeal from Coffee Circuit Cough Heard before Hon. H. A. Pearce. Action by William J. Hancbey against John F. Brunson. From a judgment for defendant, plaintiff appeals. The third count was for false imprisonment, declaring on a warrant issued by R. A. King, clerk of the county court of Coffee county, on December 3, 1908, on a charge of embezzlement.
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Appeal from Coffee Circuit Cough Heard before Hon. H. A. Pearce. Action by William J. Hancbey against John F. Brunson. From a judgment for defendant, plaintiff appeals. The third count was for false imprisonment, declaring on a warrant issued by R. A. King, clerk of the county court of Coffee county, on December 3, 1908, on a charge of embezzlement. The amendment proposed set up that the warrant was issued by Gus Owens, a justice of the peace of Coffee county, on December 3, 1908, on a charge of embezzlement. The facts sufficiently appear in the opinion of the court. The following charges…
1Opinion of the CourtMayfield, J.
It is not made to appear from this record whether the proposed amendment to count 3 made an entirely new cause of action, or merely described differently the same cause of acfion.
A prosecution instituted by affidavit before “K,.” clerk of the county court, is prima facie a different prosecution from one instituted by an affidavit made before “O.,” a justice of the peace, though the affiant and the crime be the same in both cases. This being-true, we cannot say that the court erred in refusing to allow the proposed amendment to count 3. If it has been shown that the original and amended counts…
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