Opinion
7 Div. 755.
June 22, 1943. Rehearing Denied October 5, 1943.
Appeal from Circuit Court, St. Clair County, Northern Division; W.M. Rayburn, Judge.
C.A. (alias Foots) Chambers was convicted of buying, receiving or concealing stolen property, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Chambers v. State, 245 Ala. 54, 15 So.2d 743.
No attorney marked for appellant.
Wm. N. McQueen, Acting Atty. Gen., and John J. Haynes, Asst. Atty. Gen., for the State.
When the defendant waives the filing of, a complaint on appeal to the circuit court, he may be put to trial on affidavit filed in the county court. Code 1940, Tit. 15, § 363; Seaman v. State, 28 Ala. App. 480, 188 So. 269; Carlisle v. State, 76 Ala. 75.
Appellant was convicted of the offense of "Buying, receiving, concealing etc. stolen property" of the value of less than $25. Code 1940, Tit. 14, Secs. 338, 336.
The prosecution originated by affidavit in the County Court.
Upon appeal to the Circuit Court, appellant expressly waived the filing of a complaint by the Solicitor; and agreed to be tried upon the affidavit made in the County Court. This he might lawfully do; and there was no error in putting him to trial upon the original affidavit. Seaman v. State, 28 Ala. App. 480, 188 So. 269.
There is nothing else apparent worthy of mention.
The judgment is affirmed.
Affirmed.