Nelson v. State

<p>Carrying Concealed Weapon.</p> <p>1. Appeal and Error; Review; Objection Below. — In the absence of a bill of exceptions showing that an objection and exception was made and taken to the action of the trial court in permitting the state to amend an affidavit charging defendant with carrying concealed weapons, etc., such action cannot be reviewed on appeal.</p> <p>2. Affidavit; Amendment. — Since, under § 6723, Code 1907, all amendable errors are regarded as amended upon appeal, and since the amendment allowed eliminated one of the offenses charged, the defendant was not prejudiced by the state’s striking from the record the second alternative of the affidavit, charging defendant with carrying a concealed weapon.</p> <p>3. Same; Re-verification. — Where an affidavit charges two offenses in the alternative, and the second alternative is stricken by leave of the court, a re-verification is unnecessary.</p> <p>4. Appeal and Error; Harmless Error; Pleading. — Where no objection was interposed to the amended affidavit because not reverified, any defect will be considered cured under the provisions of § 6723, Code 1907.</p> <p>5. Affidavit; Amendment; Re-verification. — Where an affidavit charges two offenses in the alternative, the striking of one of the alternatives was not the institution of a new prosecution in such a sense as to require a re-verification of the amended affidavit.</p> <p>(Ed. Note' — This cause was reviewed by the Supreme Court, and the writ denied. See Ex Parte Nelson, 198 Ala., 73 South. 1001.)</p>