Tatum v. State
Supreme Court of Alabama
From the Circuit Court of Macon. Tried before the Hon. Jambs E. Cobb. The prosecution in this case was commenced on the 26th June, 1880, by an affidavit made and subscribed by Nat.
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From the Circuit Court of Macon. Tried before the Hon. Jambs E. Cobb. The prosecution in this case was commenced on the 26th June, 1880, by an affidavit made and subscribed by Nat. Benfro, before the judge of probate of said county, which stated that “the crime of unlawfully or wantonly killing or injuring, disabling or disfiguring a hog, of the value of fifteen dollars, the property of affiant, has been committed, and that, in the opinion of affiant, Ephraim Tatum is guilty”; and a warrant was thereupon issued by said probate judge, as ex-officio judge of the County Court, for the arrest of…
1Opinion of the CourtBrickell, C. J.
The County Court had original jurisdiction of the offense with which the prisoner was charged. The accusation against him, in that court, consisted of the complaint made by the informer, or the prosecutor, which was sufficient, if by name it designated the offense. — Bode of 1876, § 4702. On appeal to the Circuit Court, the cause was triable de novo, and no objection could be made to any inaccuracy or imperfection in the proceedings before the County Court. — Code of 1876, §§ 4722, 4729.
In the Circuit Court, it was the duty of the solicitor to make a brief statement of the cause of complaint,…
2Cited by30 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- People v. SchmitzCalifornia Court of Appeal · 1908
- State v. KuselWyoming Supreme Court · 1923
- Mosley v. City of AuburnCourt of Criminal Appeals of Alabama · 1982
- Gandy v. StateSupreme Court of Alabama · 1886
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