55 So. 1022 | Ala. Ct. App. | 1911
The defendant was tried before the judge of the county court of Shelby county, without a jury, on affidavit and warrant sworn out before a justice of the peace, on the charge of living in adultery or fornication. The affidavit upon which the warrant was issued did not aver that one of the persons named was a man and the other a woman. The defendant demurred to the affidavit and assigned the failure of the affidavit to make such an averment the ground of demurrer.
There is no error appearing in the record, and the judgment of conviction of the court below is affirmed.
Affirmed.