Lloyd v. State

70 Ala. 32

Opinion

STONE, J.

The taking of an affidavit, and the issue of a warrant of arrest, impose duties in their nature judicial. The statute raising the jurisdiction of County Courts in Madison county, confers no power on the clerk to administer such oaths. Pamph. Acts 1876-7, p. 149; Code of 1876, § 4702.

We reverse the judgment of the County Court, and remand the cause, that the court may quash the affidavit. Let the defendant remain in custody, until discharged by due course of law.