228 So. 2d 857 | Ala. Crim. App. | 1969
Appeal from conviction under a solicitor's complaint, on trial de novo, of a charge of possessing obscene material.1 Sentence, after verdict, six months in the Etowah County Jail.
Under Aguilar v. Texas,
We construe § 4 of Act 91 as not conferring judicial powers (as distinguished from clerical) on the deputies and assistants of the Clerk of the County Court. Constitution 1901, § 139.
The judgment below is due to be reversed and the defendant discharged sine die.
Reversed and rendered.
"* * * [The clerk] shall have the power and authority to take affidavits and issue search warrants and warrants of arrest thereon, making same returnable to the court hereby established. * * * The court of county commissioners shall provide the clerk such deputies and assistants as may be reasonably necessary for the proper discharge of his duties. * * *"
We forego consideration of the various claims of unconstitutionality. Certainly, under Goolsby v. State,