137 Ala. 79
Decided November 15, 1902
Supreme Court of Alabama · decided 1902-11-15
Tried before the I-Ion. -Daniel A. Greene. The appellant in this case was tried and convicted under a prosecution, Avhicli Avas commenced by an affidaAÚt, Avhicli AAras in words and figures as follows: “Personally appeared before me, Ira Dement, a justice of the peace in and for said county, J. L. Campbell, who being duly SAvorn, says on oath, that he has cause to believe and does belieAre that within twelve months before making this affidavit in said county, M. F. Sims did…
Cited by 1 later decisions — most recently December 1924
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1902-11-15
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¶1By the complaint in this case the affiant does not affirm he had probable cause to believe the defendant committed an offense or anything that is equivalent to such affirmation. Lacking this essential *80feature, the complaint is insufficient to support a conviction or prosecution. — Monroe v. State, infra.
¶2The judgment appealed from will he reversed and a judgment will he here rendered dismissing- the case and discharging the defendant.
¶3Reversed and rendered.