Fox v. State

Alabama Court of Appeals

Fox v. State

225 So. 2d 198, 45 Ala. App. 92, 1969 Ala. App. LEXIS 329

CourtAlabama Court of Appeals

DecidedJune 17, 1969

Docket1 Div. 385

StatusPublished

This text of 225 So. 2d 198 (Fox v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fox v. State, 225 So. 2d 198, 45 Ala. App. 92, 1969 Ala. App. LEXIS 329 (Ala. Ct. App. 1969).

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Opinion

PRICE, Presiding Judge.

The appellant was found guilty upon a complaint charging that she did buy, sell, or possess prohibited liquors, etc.

The record shows there was no arraignment of appellant. Ordinarily, we would remand. Rorex v. State, 44 Ala.App., 112, 203 So.2d 294. But the warrant to search defendant’s private dwelling was issued by a person not shown to have authority nor in what capacity he acted, upon an affidavit which was based solely on affiant’s conclusion. From the evidence in the record it would be impossible for the state on a remandment to improve its already untenable position.

Reversed and rendered.

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PRICE, Presiding Judge.

The appellant was found guilty upon a complaint charging that she did buy, sell, or possess prohibited liquors, etc.

The record shows there was no arraignment of appellant. Ordinarily, we would remand. Rorex v. State, 44 Ala.App., 112, 203 So.2d 294. But the warrant to search defendant’s private dwelling was issued by a person not shown to have authority nor in what capacity he acted, upon an affidavit which was based solely on affiant’s conclusion. From the evidence in the record it would be impossible for the state on a remandment to improve its already untenable position.

Reversed and rendered.

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225 So. 2d 198, 45 Ala. App. 92, 1969 Ala. App. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-state-alactapp-1969.

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