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45 Ala. App. 92

Fox v. State

Alabama Court of Appeals

Decided June 17, 1969

Alabama Court of Appeals · decided 1969-06-17

Relies on 44 Ala. App. 112 - Rorex v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1969-06-17

How this case has been cited

Cited by 9 later decisions — most recently June 1980

9 state decisions

70196919701980decided

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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PRICE, Presiding Judge.

¶1The appellant was found guilty upon a complaint charging that she did buy, sell, or possess prohibited liquors, etc.

¶2The record shows there was no arraignment of appellant. Ordinarily, we would remand. Rorex v. State, 44 Ala.App., 112, 203 So.2d 294. But the warrant to search defendant’s private dwelling was issued by a person not shown to have authority nor in what capacity he acted, upon an affidavit which was based solely on affiant’s conclusion. From the evidence in the record it would be impossible for the state on a remandment to improve its already untenable position.

¶3Reversed and rendered.

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