Carnley v. State
Supreme Court of Alabama
Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. Tat Carnley was convicted of abandoning Ms wife and cMM, and be appeals. The warrant was returnable to the judge and not to the court, and hence, ;was defective. — Wiley v. The State, 117 Ala. 158; 1 Bish. Crim. Proc. 722; Local Acts 1908, p. 40. Counsel discusses other questions involved, but without citation of authority.
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Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. Tat Carnley was convicted of abandoning Ms wife and cMM, and be appeals. The warrant was returnable to the judge and not to the court, and hence, ;was defective. — Wiley v. The State, 117 Ala. 158; 1 Bish. Crim. Proc. 722; Local Acts 1908, p. 40. Counsel discusses other questions involved, but without citation of authority. The warrant was not defective.- — Hardin v. The State, 109 Ala. 50. The court court did not err in the admission or exclusion of evidence. — Hall v. The State, 100 Ala. 86; Carney v. The State, 84 Ala. 7.
1Opinion of the CourtMayfield, J.
The defendant was charged and convicted of vagrancy by abandoning his wife and child, as declared and defined by section 7843 of the Code of 1907. The prosecution was instituted by affidavit and warrant made returnable to the “judge of the county court of Geneva county.” The local acts for that county (Loc. Acts 1903, p. 40) created the Geneva county court, conferring criminal jurisdiction on the court to try misdemeanors, and provided that prosecutions might be had in such court by the transfer of indictments from the circuit court, or by affidavit and warrant made returnable to that court.
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2Cases cited2 opinions
- Carney v. StateSupreme Court of Alabama · 1887
- Hall v. StateSupreme Court of Alabama · 1893
3Cited by11 opinions
- Toole v. StateSupreme Court of Alabama · 1910
- McPhearson v. StateSupreme Court of Alabama · 1960
- Redd v. StateSupreme Court of Alabama · 1910
- Red v. StateSupreme Court of Alabama · 1910
- Steber v. StateSupreme Court of Alabama · 1934
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