Witherspoon v. State
Supreme Court of Alabama
Appeal from the City Court of Bessemer. Tried before the Hon. William Jackson. The appellant in this case, William Witherspoon, was prosecuted, tried and convicted for trespass after warning.
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Appeal from the City Court of Bessemer. Tried before the Hon. William Jackson. The appellant in this case, William Witherspoon, was prosecuted, tried and convicted for trespass after warning. The prosecution ivas commenced by one E. A. Penn making an affidavit of complaint before a justice of the peace, in which he stated that he “Has probable cause for believing, and does believe, within six months before the making of this affidavit in said county, that William Witherspoon did trespass on the property of the Tennessee Coal, Iron and Railroad Company, after warning not to do so, at Sumter,…
1Opinion of the CourtAnderson, J.
The affidavit was made before a justice of the peace and the warrant was made returnable to the city court of Bessemer, (Acts, 1901, p. 1854, § 24) ; and, as said court had authority to have issued the warrant originally,. it was certainly no error to amend the original affidavit. The cases cited pro and con relate to amendments after appeal. In the case at bar the amendment was not made after appeal, but before entering upon the trial in the court of original jurisdiction.
This case was tried by the judge without a jury. And this appeal seeks to review his finding and conclusion of the facts,…
2Cases cited1 opinion
- Norille v. StateSupreme Court of Alabama · 1901
3Cited by2 opinions
- Martin v. StateAlabama Court of Appeals · 1911
- Mayhall v. StateSupreme Court of Alabama · 1906