Chambers v. State, 7 Div. 755.

Decision Date22 June 1943
Docket Number7 Div. 755.
Citation15 So.2d 742,31 Ala.App. 269
PartiesCHAMBERS v. STATE.
CourtAlabama Court of Appeals

Rehearing Denied Oct. 5, 1943.

Appeal from Circuit Court, St. Clair County, Northern Division; W.M. Rayburn, Judge.

No attorney marked for appellant.

Wm. N. McQueen, Acting Atty. Gen., and John J. Haynes, Asst. Atty. Gen., for the State.

RICE, Judge.

Appellant was convicted of the offense of "Buying, receiving, concealing etc. stolen property" of the value of less than $25. Code 1940, Tit. 14, Secs. 338, 336.

The prosecution originated by affidavit in the County Court.

Upon appeal to the Circuit Court, appellant expressly waived the filing of a complaint by the Solicitor; and agreed to be tried upon the affidavit made in the County Court. This he might lawfully do; and there was no error in putting him to trial upon the original affidavit. Seaman v. State, 28 Ala.App. 480, 188 So. 269.

There is nothing else apparent worthy of mention.

The judgment is affirmed.

Affirmed.

To continue reading

Request your trial
12 cases
  • Young v. City of Hokes Bluff
    • United States
    • Alabama Court of Criminal Appeals
    • March 27, 1992
    ...] the filing of a complaint by the Solicitor and agree[ ] to be tried upon the affidavit made" in the lower court. Chambers v. State, 31 Ala.App. 269, 15 So.2d 742, 743, cert. denied, 245 Ala. 54, 15 So.2d 743 Regardless of how a waiver is established, it is clear that if a prosecuting atto......
  • Pointer v. State, 8 Div. 406
    • United States
    • Alabama Court of Appeals
    • August 31, 1954
    ...charge, motion to exclude the evidence or motion for a new trial. Williams v. State, 31 Ala.App. 48, 11 So.2d 870; Chambers v. State, 31 Ala.App. 269, 15 So.2d 742, certiorari denied 245 Ala. 113, 15 So.2d 744; Lockwood v. State, 33 Ala.App. 337, 33 So.2d 401; Whited v. State, 27 Ala.App. 4......
  • Howard v. State, 4 Div. 155
    • United States
    • Alabama Court of Appeals
    • August 21, 1951
    ...the evidence to support the conviction is not presented for our review. Williams v. State, 31 Ala.App. 48, 11 So.2d 870; Chambers v. State, 31 Ala.App. 269, 15 So.2d 742, certiorari denied 245 Ala. 113, 15 So.2d 744; Lockwood v. State, 33 Ala.App. 337, 33 So.2d 401; Shealey v. State, Ala.Ap......
  • Slagle v. Halsey
    • United States
    • Alabama Supreme Court
    • January 13, 1944
    ...15 So.2d 740 245 Ala. 198 SLAGLE v. HALSEY 5 Div. 388.Supreme Court of AlabamaJanuary 13, 1944 ... [245 ... Ala. 199] Appeal from Probate Court, Chambers County; J.C ... Grady, Judge ... Paul ... J ... Bank, 217 Ala. 426, 116 So. 127, 129; Code 1940, Tit. 7, ... The ... questions propounded by contestant ... should have been permitted to state her observation of such ... We are ... of the ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT