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24 Ala. App. 579

139 So 115

Harper v. State

Alabama Court of Appeals

Decided January 12, 1932

Alabama Court of Appeals · decided 1932-01-12

Relies on 24 Ala. App. 153 - Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1932-01-12

How this case has been cited

Cited by 30 later decisions — most recently July 2013 · most notably 34 Ala. App. 137 - De Graaf v. State (1948), 51 Ala. App. 352 - Kilpatrick v. State (1973)

28 state decisions

70193219401950196019701980199020002010decided

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.

View the full empirical analysis of this case →

RICE, J.

¶1 This is a prosecution for the violation of our “prohibition laws” by having in possession prohibited liquors, etc.

¶2 It was begun by affidavit and warrant'in the Jefferson county court of misdemeanors.

¶3 Appellant contends for error in that on appeal to the circuit court, after his conviction in the inferior court, no “complaint” was filed by the solicitor, as provided in Code 1923, § 3843. He cites, as sustaining his contention, the decision of this court in Johnson v. State, ante, p. 153, 132 So. 59.

¶4 His contention is answered adversely to him by Code 1923, § 4646, which provides, pertinently, that prosecutions for this character of offense “may continue no matter in what court or before what judge the trial shall be had upon the affidavit upon which it was originally begun.” The holding in the case cited does'not therefore apply here.

¶5 , There being no error apparent on the record, the judgment of conviction is affirmed.

¶6 Affirmed.

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