DAVIS v. STATE

152 So. 612 DAVIS v. STATE. 3 Div. 737. Court of Appeals of Alabama. Jan. 30, 1934. G. O. Dickey, of Evergreen, for appellant. Thos. E. Knight, Jr., Atty. Gen., for the State. [MAJORITY — SAMFORD, Judge.] SAMFORD, Judge. The^prosecution was begun by affidavit and warrant returnable to. the county court, where the cause was tried, the defendant ■convicted, and an appeal was taken to the circuit court. The statute requires the solicitor to make a brief statement of the cause of complaint, to be filed by him and on which the case is tried de novo in the circuit court. Code 1923, § 3843. In this record no such statement appears, and for that reason the judgment is reversed and the cause is remanded. Moss v. State, 42 Ala. 546; Howard v. State, 17 Ala. App. 9, 81 So. 345. Reversed and remanded.