Terry v. State

• Decision Date: 10 April 1947
• Docket Number: 2 Div. 237.
• Citation: Terry v. State, 249 Ala. 96, 29 So.2d 886 (Ala. 1947)
• Parties: TERRY v. STATE.
• Court: Alabama Supreme Court

29 So.2d 886

249 Ala. 96

TERRY v. STATE.

2 Div. 237.

Supreme Court of Alabama

April 10, 1947

Judson C. Locke, of Marion, for petitioner.

A. A. Carmichael, Atty. Gen., for respondent.

From the opinion of the Court of Appeals here under review the following appears: 'When the State had concluded the introduction of its evidence and rested, defendant's counsel moved to exclude all the testimony offered by the State, 'on the grounds the warrant was signed by the prosecuting witness, Mr. Crews. There is a variance in the testimony and the warrant.''

LIVINGSTON, Justice.

This cause was tried in the circuit court on a complaint filed in that court by the circuit solicitor. It was therefore immaterial who made the original affidavit or at whose instance the warrant of arrest was issued. The trial court correctly refused to exclude the evidence on motion of appellant. Section 346, Title 13, Code; Clark v. City of Uniontown, 4 Ala.App. 264, 58 So. 725; see, also, Gandy v. State, 81 Ala. 68, 1 So. 35, 36.

Writ denied.

GARDNER, C. J., and BROWN and SIMPSON, JJ., concur.