Davis v. State

152 So. 612, 26 Ala. App. 63, 1934 Ala. App. LEXIS 13

Opinion

SAMFORD, Judge.

The^prosecution was begun by affidavit and warrant returnable to. the county court, where the cause was tried, the defendant ■convicted, and an appeal was taken to the circuit court.

The statute requires the solicitor to make a brief statement of the cause of complaint, to be filed by him and on which the case is tried de novo in the circuit court. Code 1923, § 3843.

In this record no such statement appears, and for that reason the judgment is reversed and the cause is remanded. Moss v. State, 42 Ala. 546; Howard v. State, 17 Ala. App. 9, 81 So. 345.

Reversed and remanded.