Tbe prosecution was commenced in tbe Jefferson county court of misdemeanors. Judgment of conviction was rendered in tbe county court on January 30, 1923. Tbe defendant was allowed 5 days in which to appeal to tbe circuit court. Local Acts 1919, p. 121, § 30. On February 3d the defendant, gave notice of appeal. On February 7th a certified transcript of the proceedings in tbe county court was filed with tbe clerk of tbe circuit court. The appeal was taken on February 3d. The demand for a jury was made on March 8th, more than 30 days thereafter, and came toa late. Acts 1915, p. 939, § 2. .

Tbe cause was tried in the circuit court on the original affidavit made in tbe county court. No complaint or information was filed by tbe solicitor, as required by section 6730, Code 1907. There is nothing in tbe record to show a waiver by the defendant of the filing of such complaint or information.

In tbe absence of this statement required by statute, or a waiver appearing in the record, it was error to put tbe defendant to trial on tbe original affidavit. Moss v. State, 42 Ala. 546; Haynes v. State, 5 Ala. App. 167, 59 South. 325; Kirkhan v. State, 18 Ala. App. 426, 93 South. 56; Peeples v. State, 17 Ala. App. 430, 84 South. 859; Perry v. State, 17 Ala. App. 80, 81 South. 858; Howard v. State, 17 Ala. App. 9, 81 South. 345.

For the errors above indicated, the judgr ment of the circuit court is reversed, and the cause is remanded;

Reversed and remanded.