§ 28-4-313 — Prosecutions for Violations of Chapter, Etc., Begun by Affidavit or Indictment; Right of Person Charged to Demand Grand Jury Indictment; Continuation of Prosecution Upon Original Affidavit; Amendment of Affidavit or Complaint

Alabama § 28-4-313

• Jurisdiction: Alabama
• Title 28: Intoxicating Liquor, Malt Beverages and Wine
• Ch. 4: Regulation and Control of Alcoholic Beverages in Dry Counties and Dry Municipalities
• Art. 12: Enforcement of Chapter

Text

All prosecutions for a violation of any provision of this chapter or of any other law for the suppression of the evils of intemperance may be begun by affidavit as well as by indictment; and when begun by affidavit, the person charged shall not have the right to demand that a grand jury prefer an indictment for the alleged offense, except where such offense is a felony, but the prosecution may continue no matter in what court or before what judge the trial shall be had upon the affidavit upon which it was originally begun.
The said affidavit or any complaint that may be filed in such prosecution may be amended to meet the ends of justice and to prevent a dismissal of the case upon any informality, irregularity or technicality.

Legislative History

(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4646; Code 1940, T. 29, §121.)