Tomlin v. State
Supreme Court of Alabama
ERROR to tbe Circuit Court of Talladega. Tried before the Hon. E. Pickens. It was necessary that a threat should have been stated in tbe warrant, without it, the court had no jurisdiction to bind the party to the peace. — 40 Eng. Comm. Law, 124. Even if it could he aided by reference to the affidavit, it is not sufficient. — 5 Ala. ISO; The Statute, Clay’s Dig. 446. Judgment against the securities on the appeal bond is unauthorized and error.
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ERROR to tbe Circuit Court of Talladega. Tried before the Hon. E. Pickens. It was necessary that a threat should have been stated in tbe warrant, without it, the court had no jurisdiction to bind the party to the peace. — 40 Eng. Comm. Law, 124. Even if it could he aided by reference to the affidavit, it is not sufficient. — 5 Ala. ISO; The Statute, Clay’s Dig. 446. Judgment against the securities on the appeal bond is unauthorized and error. Clay’s Dig. 446, and 8 Ala. 731. 1. The demurrer to the warrant cannot be sustained. All that is necessary in a peace warrant is to recite the substance…
1Opinion of the CourtChilton, J.
Sherod Tomlin was proceeded against under the provisions of the Penal Code, (Clay’s Dig. 445, etseq.) which enacts “ that when complaint shall be made to any such magistrate, that any person has threatened to commit an offence against the property or person of another, the magistrate shall examine the complaint, and any witness that may be produced on oath, and cause such complaint to be 'reduced to writing, and subscribed by the party so examined ;• and if upon examination, it shall appear that there is just cause to fear the commission of any such offence, by the person complained of, it…
2Cases cited2 opinions
- McGrew v. HartSupreme Court of Alabama · 1834
- Ainsworth v. PartilloSupreme Court of Alabama · 1848
3Cited by2 opinions
- Ex parte CoburnSupreme Court of Alabama · 1862
- Speer v. StateNebraska Supreme Court · 1902