Opinion

Terry v. State

249 Ala. 96
29 So. 2d 886

Court: Supreme Court of Alabama
Filed: Apr 10, 1947
Status: Published
Author: Livingston
On the bench: Livingston, Gardner, Brown, Simpson
Cited by: 3 cases
Authority: More cited than 54.0%

The opinion

LIVINGSTON, Justice.

This cause was tried in the circuit court on a complaint filed in that court by the circuit solicitor. It was therefore immaterial who made the original affidavit or at whose instance the warrant of arrest was issued. The trial court correctly refused to exclude the evidence on motion of appellant. Section 346, Title 13, Code; Clark v. City of Uniontown, 4 Ala.App. 264 , 58 So. 725 ; see, also, Gandy v. State, 81 Ala. 68 , 1 So. 35 , 36.

Writ denied.

GARDNER, C. J., and BROWN and SIMPSON, JJ., concur.

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