Guin v. State

Decided December 16, 1919

Alabama Court of Appeals · decided 1919-12-16

Appeal fi-om Circuit Court, Chilton County; Leon McCord, .Judge. William Guin was convicted of violating the prohibition law, and he appeals. This cause must be reversed, on the authority of Haynes v. State, 5 Ala. App. 167, 59 South. 325. The rule invoked by appellant has no application to offenses for violating the prohibition law. SI South. 179; S2 South. 560.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1919-12-16

How this case has been cited

Cited by 8 later decisions — most recently February 1978

8 state decisions

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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MERRITT, J.

¶1 The defexxdant was convicted in the circuit court of violation of the prohibition law and appeals.

¶2 Prosecution was begun by affidavit sworn out before the probate judge and made returnable before him. A warrant of arrest was executed by arresting the defendant, and the record nowhere shows any disposition of the case in the county court. There is a judgment entry reciting that in the circuit court the defendant was found guilty on axi indictment. This clearly indicates, however, that the conviction was under an affidavit; but it nowhere appears in the' record how the case got from the county court to the circuit court, or how the circuit court acquired jurisdiction. There is no bill of exceptions in the record; but, it not appearing how the circuit court acquired jurisdiction, the case must be reversed. Mims v. State, ante, p. 276, 84 South. 394.

¶3 Reversed and remanded.