General
BARLOW v. STATE
22 Ala. App. 288115 So. 78·Alabama Court of Appeals·1928·AL
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Opinion
(115 So. 78)
BARLOW v. STATE.
(3 Div. 566.)
Court of Appeals of Alabama.
Jan. 10, 1928.
Hamilton & Jones, of Evergreen, for appellant.
Charlie C. McCall, Atty. Gen., and J. W. Brassell, Asst. Atty. Gen., for the State.
[MAJORITY — RICE, J.]
RICE, J.
It was unnecessary to file a complaint in the circuit court, but, on appeal from the county court, the prosecution might proceed under the original affidavit. Code 1923, § 4646.
The court may never tell the jury how they shall consider testimony. Hence appellant’s written charge A was properly refused.
We find no error in the record, and the judgment is affirmed.
Affirmed.