*1 ±&7 reversible was court trial by the admission error. should, cannot, court and no court This circumstances, as and facts approve the ap- the record, which upon by this shown below. court in the prosecuted
pellant was convic- the that affirmatively appears It by an im- was secured appellant tion of the law of of application and proper use
this State. again be cannot defendant The pre warrant and affidavit the upon tried of him; .and, the statute as against ferred preferment of the bar to ais
limitations upon the based charge, criminal a new here, order and the complained of it is acts judgment the court that judgment of this appeal was this from which of conviction reversed, here en order and an is taken from fur this discharging appellant tered custody proceeding. this in ther and rendered.
Reversed
ALLEN v.
Reversed
148
below,
judg-
was void. And that hence the
ment
conviction
Holt
must be reversed.
of
State,
599,
86
v.
Ala.
which are
of the
(Italics
by
supplied
us.)
offense.”
Holt
State, supra.
v.
is
It
also true
indictment
that an
substantially
of
following
language
the
the
creating
offense,
the
Statute
is not void.
RICE, Judge.
State,
313;
Ala.App.
Oliver
533,
v.
16
79 So.
State,
732;
v.
Worrell
12
Bul
Ala.
State v.
Appellant
an indictment
was
under
tried
413;
lock,
State,
13 Ala.
Ala.App.
Nix v.
27
follows,
figures
to-wit:
in words and
as
94,