Monroe v. State

Supreme Court of Alabama
Monroe v. State, 137 Ala. 88 (Ala. 1902)
McClellan

Monroe v. State

Opinion of the Court

McCLELLAN, O. J.

The affirmation of reasons to believe and belief in a-complaint is not the equivalent of the affirmation of the existence of probable cause to believe and belief that a designated offense ivas committed by a party named. It. is of easy conception that a person might have reasons to believe that a fact exists, and, therefore, believe that it- does exist -without having that probable cause for belief of its existence, the affirmation of which is the necessary basis under the constitution and statute for a warrant of arrest and prosecution to conviction. The complaint in this case affirms only that the affiant “had reasons to believe and does believe” that the defendant committed a designated offense. It did not authorize the issuance of the warrant of arrest; it does not support the judgment of conviction, and no valid judgment ca.n he rendered upon it. The judgment will, therefore, he reversed, and a judgment will be here entered discharging the defendant. — Johnson v. State, 82 Ala. 29; Miles v. State, 94 Ala. 106; Butler v. State, 130 Ala. 127.

Reversed and rendered.

Reference

Cited By
11 cases
Status
Published