Opinion
4 Div. 122.
January 22, 1935. Rehearing Granted April 2, 1935.
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge.
Naomi Floyd, alias Naomi Gray, was convicted of assault and battery, and she appeals.
Affirmed on rehearing.
Guy W. Winn, of Clayton, for appellant.
The information filed by the solicitor in the circuit court is void, in that the warrant of arrest is not supported by an affidavit signed and sworn to.
A. A. Carmichael, Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State.
In a prosecution for a misdemeanor, it is not necessary that the affidavit on which the warrant was issued be signed by the affiant. Code 1923, § 3815; Holman v. State, 144 Ala. 95, 39 So. 646; Flowers v. State, 1 Ala. App. 262, 56 So. 36; Hendrix v. State, 18 Ala. App. 479, 93 So. 223. The information filed in the circuit court, on appeal from the county court, need not be sworn to. Code 1923, § 3843; Cain v. State, 18 Ala. App. 624, 93 So. 263.
The warrant in the county court was issued without an affidavit signed by affiant. After conviction in the county court, an appeal was taken to the circuit court, where the solicitor filed a charge based upon the appeal. Neither the charge in the county court nor in the circuit court was signed by the affiant, but the affidavit was in writing and was sworn to. Under our decisions, the affidavit need not be signed. Holman v. State, 144 Ala. 95, 39 So. 646; Cain v. State, 18 Ala. App. 624, 93 So. 263.
The judgment is affirmed.
On Rehearing.
Application granted. Opinion substituted. Judgment affirmed.