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137 Ala. 88

Monroe v. State

Supreme Court of Alabama

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the Hon. H. J. Lancaster. The prosecution against the appellant in this case was commenced by an affidavit made by O. II. Daniel before the judge of the county court of Elmore county, 'which affidavit was in words and figures as follows: “Before me, II.

Relies on Miles v. State · Butler v. State · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

How this case has been cited

Cited by 9 later decisions — most recently December 1924

9 state decisions

60190219101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, O. J.

¶1The affirmation of reasons to believe and belief in a-complaint is not the equivalent of the affirmation of the existence of probable cause to believe and belief that a designated offense ivas committed by a party named. It. is of easy conception that a person might have reasons to believe that a fact exists, and, therefore, believe that it- does exist -without having that probable cause for belief of its existence, the affirmation of which is the necessary basis under the constitution and statute for a warrant of arrest and prosecution to conviction. The complaint in this case affirms only that the affiant “had reasons to believe and does believe” that the defendant committed a designated offense. It did not authorize the issuance of the warrant of arrest; it does not support the judgment of conviction, and no valid judgment ca.n he rendered upon it. The judgment will, therefore, he reversed, and a judgment will be here entered discharging the defendant. Johnson v. State, 82 Ala. 29; Miles v. State, 94 Ala. 106; Butler v. State, 130 Ala. 127.

¶2Reversed and rendered.

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