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73 Ala. 21

Johnson v. State

Supreme Court of Alabama

Decided December 15, 1882

Supreme Court of Alabama · decided 1882-12-15

Tried before ílon. wm. E. Clarke. The indictment in this cause contains two counts, one charging the defendant with an assault and battery on George Carrington, and the other with resisting said Oai’rington, a constable of said comity, while attempting to execute a warrant of arrest issued by Leon Napier, a justice of the peace, for an assault and battery. The cause was tried, and the defendant convicted of the offense charged in the second count.

Cited by 3 later decisions — most recently November 1924

3 state decisions

Relies on Brown v. State · Murphy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1882-12-15

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SOMERVILLE, J.

¶1— There was no error in admitting in evidence the justice’s warrant, to which exception was taken, nor in the charge of the court, ruling that the instrument -was on its face a legal warrant. It substantially conforms to the requirements of sections 4651 and 4652 of the Code of 1876. It contains the name of the defendant; a statement of the offense charged l>y name; the county in which it was issued ; and was signed by the justice with his name and initials of office; and was directed “ to any constable of the county,” who must necessarily be a lawful officer of the State, within the meaning of the statute. — Code, 1876, §§ 4651-2; Murphy's case, 55 Ala. 252; Brown's case, 63 Ala. 97.

¶2The omission-of the pronoun we, after the word “ before,” is a mere clerical misprision, which, being readily supplied by inspection, does not vitiate the instrument. It must, therefore, be construed to be understood.

¶3Affirmed.

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