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26 Ala. App. 385

160 So 557

Floyd v. State

Alabama Court of Appeals

Decided January 22, 1935

Alabama Court of Appeals · decided 1935-01-22

Relies on Holman v. State · 18 Ala. App. 624 - Carter v. State · 18 Ala. App. 624 - Cain v. State

Decided 1935-01-22

¶1The warrant in the county court was issued without an affidavit signed by affiant. After conviction in the county court, an appeal was taken to the circuit court, where the solicitor filed a charge based upon the appeal. Neither the charge in the county court nor in the circuit court was signed by the affiant, but the affidavit was in writing and was sworn to. Under our decisions, the affidavit need not be signed. Holman v. State, 144 Ala. 95, 39 So. 646; Cain v. State, 18 Ala. App. 624, 93 So. 263.

¶2The judgment is affirmed.

¶3

On Rehearing.
Application granted. Opinion substituted. Judgment affirmed.

SAMFORD, Judge.

¶4The warrant in the county court was issued without an affidavit signed by affiant. After conviction in the county court, an appeal was taken to the circuit court, where the solicitor filed a charge based upon the appeal. Neither the charge in the county court nor in the circuit court was signed by the affiant, but the affidavit was in writing and was sworn to. Under our decisions, the affidavit need not be signed. Holman v. State, 144 Ala. 95, 39 So. 646; Cain v. State, 18 Ala. App. 624, 93 So. 263.

¶5The judgment is affirmed.

¶6On Rehearing.

¶7Application granted. Opinion substituted. Judgment affirmed.

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