Malloy v. The State

Malloy v. The State. Intoxicating Liquors. (Decided Dec. 16, 1909. 50 South. 1027.) Intoxicating Liquors; Affidavit; Sufficiency. — An affidavit reciting that M. being duly sworn deposes and says on oath that he has probable cause for believing that the offense of .selling or otherwise disposing of spirituous, vinous or malt or other intoxicating liquors, has been committed in said county by Pat Malloy, is a proper compliance with section 6703, Code 1907, and good against demmurrer. Appeal from Lee Law and Equity Court. Heard before Hon. A. E. Barnett. Pat Malloy was convicted of illegally retailing spirituous, vinous, or malt liuqors, and appeals. Affirmed. Tbe affidavit was as follows (omitting caption) : “Before me, Albert E. Barnett, judge of tbe Lee county court of law and equity, personally appeared J. L. Moon, who, being first duly sworn, deposes and says on oatb tba.t be bas probable cause for believing and does believe that tbe offense of selling or otherwise disposing of spirituous, vinous, malt, or other intoxicating liquors contrary to law bas been committed in said county by Pat Malloy.” Signed, etc. Tbe demurrer is that tbe affidavit fails to allege that tbe affiant bas probable cause for believing tbe defendant is guilty. Barnes & Denson, and R. C. Smith, for appellant.— No brief came to tbe Reporter. Alexander M. Garber, Attorney General, for tbe State. — Tbe affidavit was sufficient. — Sec. 6703, Code 1907. [MAJORITY — SIMPSON, J.] SIMPSON, J. — Tbe only question raised in this case is as to tbe correctness of tbe ruling of tbe court in overruling tbe demurrer to tbe affidavit. Tbe affidavit is in accordance with section 6703, Code of 1907, and tbe demurrer was properly overruled. Tbe judgment of the court is affirmed. Affirmed. Dowdell, C. J., and McClellan and Mayfield, JJ.-, concur.