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159 Ala. 108

Harris v. State

Supreme Court of Alabama

Decided February 18, 1909

Supreme Court of Alabama · decided 1909-02-18

Heard before Hon. S. L. Weaver. From a conviction of petit larceny John Harris appeals. No demurrer is set out in the record and hence no ruling is presented on that question. — McQueen v. The State, 138 Ala. 63. The court properly allowed the affidavit to be amended. — Light v. The State, 136 Ala. 139.

Relies on Butler v. State

Affirmed · Decided 1909-02-18

ANDERSON, J.

¶1The affidavit or complaint in this case is sufficient to support a conviction. It is true it does not aver a probable cause, etc.; but it goes further,, and affirms the commission of the offense as a fact, thus being stronger than is required by the Constitution and *109the statute. The affidavit in this case is unlike the one condemned in the Butler Case, 130 Ala. 127, 30 South. 338. There it did not affirm the commission of the offense, etc., as facts, but merely stated that the affiant had reason to believe, etc. The grounds of demurrer not appearing of record, we cannot know that the trial court erred in its rulings thereon.

¶2The cause was tried by the court without a jury. There is no bill of exceptions showing the evidence; hence we cannot know what it was, but must presume that it was sufficient to support the conviction.

¶3We are unable to find any error in the record, and the judgment must be affirmed.

¶4Affirmed.

Dowdell, C. J., and Simpson, Denson, ■ McClellan, and Sayre, J.J., concur.
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