54 So. 1001 | Ala. | 1911
In Ex parte O’Neal, 154 Ala. 237, 45 Southt. 712, the act establishing the city court of Andalusia Avas sustained against an attack which alleged that constitutional requirements as to notice had not been complied with. In the case at hand the attack is renewed; the contention being that notice of the act was defective in a respect not heretofore urged. The notice as it appears at page 630 of Volume 1, EL J. 1907, Avas that the bill Avould provide, among other things, “for the election of the officers thereof.” The act passed in pursuance of this notice proAdded for the election of a judge and a solicitor by the qualified electors of the county at the -nest general election. Meantime the vacancies in these offices created by the passage of the act Avere to he filled by the Governor’s appointment. It Avas further provided that the clerk of the circuit court of Covington should be es officio clerk of the city court. It is urged that the notice was not in compliance with Const. 1901, § 106, and fails to state the substance of
The several charges requested by the defendant were in effect the general .charge. The bill of exceptions contains no statement of the evidence. The presumption is that the evidence' warranted the verdict of guilty, so ^that it cannot be said there ivas error in refusing the ■charges.
Defendant was tried on an affidavit which charged (omitting averments of time and venue) that he “did confine a cow in a lot or other inclosure, and failed to provide the same with proper food, drinli, or protection, and by means of such cruelty caused the same to die.” This affidavit was made under section 6282. of the Code. The complaint made against it in defendant’s motion in arrest of judgment and sentence was that it faded to aver that, he “had charge or custody of the animal, either as owner or otherwise.’.’ The act assimilates the procedure in cases of prosecutions for misdemeanor begun in the city court to that provided by law for prosecutions in the county courts of this state. In county courts that particularity in describing the ■offense, which is necessary in indictments, is not required. We are of opinion that the affidavit here, charging that defendant did confine the animal in a. lot, in ■substance shows that he had charge or custody of the animal, as owner or otherwise, and that there was no ■error in overruling the defendant’s motion in arrest.
The judgment of conviction is affirmed.
Affirmed.