Ireland v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. L. D. Ireland, alias, etc., was convicted of petty larceny, and he appeals. The act establishing the Jefferson Criminal Court wherein it provides that the failure of a misdemeanant to demand a trial by jury within a certain time, is a waiver of the right of trial by jury, violates section 6, Constitution 1901. — Ex parte Knight, 61 Ala. 485; 26 Gyc. 150; Sanders v. State; 55 Ala. 45; Story’s Const.
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Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. L. D. Ireland, alias, etc., was convicted of petty larceny, and he appeals. The act establishing the Jefferson Criminal Court wherein it provides that the failure of a misdemeanant to demand a trial by jury within a certain time, is a waiver of the right of trial by jury, violates section 6, Constitution 1901. — Ex parte Knight, 61 Ala. 485; 26 Gyc. 150; Sanders v. State; 55 Ala. 45; Story’s Const. Law, 697 and 713. The proposition asserted by appellant is too well settled to admit of controversy. — Alford v. State, ex…
1Opinion of the CourtThomas, J.
The defendant was indicted for petit larceny, and under the provisions of the act establishing the criminal court of Jefferson county (Acts 1886-87, p. 838, § 13) he waived a jury trial and was thereupon tried and convicted by the court. His counsel insist that the section of the act cited, permitting the defendant to waive a jury trial, is unconstitutional and void, as being violative of section 6 of our Bill of Rights. It has become too well settled by the decisions of this state that the Legislature might provide for a waiver of the right of trial by jury in misdemeanor cases, as this is,…
2Cases cited11 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Reeves v. StateSupreme Court of Alabama · 1892
- Connelly v. StateSupreme Court of Alabama · 1877
- Collins v. StateSupreme Court of Alabama · 1889
- McClellan v. StateSupreme Court of Alabama · 1897
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3Cited by3 opinions
- Kirk v. StateSupreme Court of Alabama · 1945
- Daley v. StateAlabama Court of Appeals · 1917
- Wilson v. StateCourt of Criminal Appeals of Alabama · 1977