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1 Ala. App. 260

Gray v. State

Alabama Court of Appeals

Decided May 9, 1911

Alabama Court of Appeals · decided 1911-05-09

Heard before Hon. E. J. Garrison. Will Gray was convicted of carrying a pistol, and he appeals. The affidavit ivas made before J. W. Miller, a justice of the peace, and charged the carrying of a pistol concealed by the person. The warrant thereon was made returnable before the judge of the county court of Clay county on the 1st day of July, 1909, next.

Relies on Carnley v. State · Red v. State

Affirmed · Decided 1911-05-09

PER CURIAM.

¶1The appellant was convicted of the offense of carrying a pistol concealed about his person. There is no merit in the objections made to the warrant of arrest, because is was made returnable to the “judge” of the county court, in place of being made returnable *262to the court.Carnley v. State, 162 Ala. 94, 50 South. 362; Redd v. State, 167 Ala. 96, 52 South. 885.

¶2The other objections, with regard to the return by a justice of the peace to said county court, to the form of the warrant, and to the complaint filed by the solicitor, are without merit. Section 25 of Acts of 1898-99, p. 186, provides: “That all cases of misdemeanors returned by justices of the peace, or appeals from the justices or other courts of said county, to the said county court shall be tried upon the complaint of the solicitor filed in the cause,” etc.

¶3There being no error apparent on the record, the judgment of the court is affirmed.

¶4Note. — The above opinion was prepared by Mr. Justice Simpson of the Supreme Court, before the transfer of the case to this court, and is adopted by this court.

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