Holmes v. State

SIMPSON, Judge.

Section 8598, Code of 1923, promulgates the method of obtaining jury and nonjury trials in all misdemeanor cases in the circuit court. This statutory prescription is exclusive and also comprehends misdemeanor prosecutions for violation of the prohibition law. Kreutner v. State, 202 Ala. 287, 80 So. 125. If the cause is sounded within thirty days after the defendant has been arrested, or taken into custody after the finding of the-indictment, written demand for a jury must be filed with the clerk of the court on or before the first sounding of the cause.

The procedure for setting…