586 So. 2d 1011 | Ala. Crim. App. | 1991
The appellee was convicted and was sentenced in the municipal court of the City of Foley on a charge of assault in the third degree. He appealed to the circuit court for a trial de novo and entered a plea of not guilty. On the day of trial, after the jury was sworn, the appellee moved to dismiss the case. The circuit court, by written order on that date, granted the motion, on the ground that the city's omitting the name of the victim from the solicitor's complaint was a fatal error. The city's motion thereafter to reconsider the dismissal was denied by the circuit court.
Prior to his conviction in the municipal court, the appellee was served with a warrant and a complaint, which set forth in detail the charges against him, including the name of the victim. The municipal court then conducted a full trial and heard all the evidence against the appellee before adjudging him guilty. It is undisputed that the solicitor's complaint filed thereafter in the circuit court failed to name the victim. The city contends that the circuit court improperly dismissed the appellee's case based upon the stated omission.
When a defendant appeals to the circuit court for trialde novo, the municipality within 15 days must file the notice of appeal and all other documents, §
A written complaint is not required in the appeal of all municipal court proceedings. Where, for example, a case proceeds upon an arrest, without a warrant based upon a complaint, there is no complaint to be filed in the circuit court. Ex parte Hood,
It is a well-settled proposition of law that a defendant has the right to be apprised of the nature and cause of the accusation against him by written complaint. Jefferson v. Cityof Birmingham,
REVERSED AND REMANDED WITH INSTRUCTIONS.
All Judges concur.