Red v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Jim Bed was convicted of violating tbe prohibition law and he appeals. The judge of the inferior court of Birmingham ivas without authority to issue a warrant returnable to the criminal court of Jefferson county much less to make the warrant returnable to the judge of such court. — Lee v. The State, 143 Ala.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Jim Bed was convicted of violating tbe prohibition law and he appeals. The judge of the inferior court of Birmingham ivas without authority to issue a warrant returnable to the criminal court of Jefferson county much less to make the warrant returnable to the judge of such court. — Lee v. The State, 143 Ala. Justices of the peace being without authority to issue warrants returnable to the criminal court of Jefferson county, certainly the inferior court was without jurisdiction. — Spurlock v. The State, 48 South. 849; Subd.…
1Opinion of the CourtMcCLELLAN, J.
By express provision of the act creating the inferior court in precincts 21 and 37 of Jefferson county, authority was conferred on the judges of that court to take affidavits and issue warrants in misdemeanor cases “directly returnable to any court having final jurisdiction thereof.” — Loc. Acts 1903, pp. 379, 381. In this instance a judge of that inferior court took an affidavit charging appellant with a misdemeanor, and issued a warrant thereon returnable before the “judge of the criminal court of Jefferson county.” The accused was promptly arrested and made a bond for his appearance “at…
2Cases cited6 opinions
- Lee v. StateSupreme Court of Alabama · 1904
- Carnley v. StateSupreme Court of Alabama · 1909
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
- Pell City Manufacturing Co. v. SwearingenSupreme Court of Alabama · 1908
- Walker v. StateSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Toole v. StateSupreme Court of Alabama · 1910
- Sapp v. StateAlabama Court of Appeals · 1911
- Doublin v. StateAlabama Court of Appeals · 1917
- Gray v. StateAlabama Court of Appeals · 1911
- McCormick v. StateAlabama Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.