Sims v. State

137 Ala. 79 | Ala. | 1902

SHATtPE, J.

By the complaint in this case the affiant does not affirm he had probable cause to believe the defendant committed an offense or anything that is equivalent to such affirmation. Lacking this essential feature, the complaint is insufficient to support a conviction or prosecution. — Monroe v. State, infra.

The judgment appealed from will he reversed and a judgment will he here rendered dismissing- the case and discharging the defendant.

Reversed and rendered.