Summers v. State
Supreme Court of Alabama
From the County Court of Jackson. Tried before the ITon. John E. Tally. The defendant in this case was indicted, in October, 1880, for carrying concealed weapons; and the prosecution was transferred into the County Court, where the following proceedings were had, as shown by the bill of exceptions: “ The defendant waived a jury, and the cause was heard and. determined by the presiding judge without a jury.
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From the County Court of Jackson. Tried before the ITon. John E. Tally. The defendant in this case was indicted, in October, 1880, for carrying concealed weapons; and the prosecution was transferred into the County Court, where the following proceedings were had, as shown by the bill of exceptions: “ The defendant waived a jury, and the cause was heard and. determined by the presiding judge without a jury. On the trial, the State introduced Frank Washington as a witness, who testified that, in the year 1880, before the finding of the indictment, the defendant came into his store in the town…
1Opinion of the CourtStone, J.
TJnder the act “ To regulate the trial of misdemeanors in Jackson county,” approved February 9th, 1881 (Pamph. Acts, 232), the judge of the County Court was authorized to hear counsel and decide the present cause without a jury, unless the defendant demanded a jury. The defendant waived his fight of trial by jury, which waiver was entered of record. Connelly v. The State, 60 Ala. 89. Section 7 of the act referred to secures to the defendant, whether tried by a jury or by the court, the right to “ reserve by bill of exceptions any question of law arising in any of the proceedings,” in like…
2Cases cited2 opinions
- Connelly v. StateSupreme Court of Alabama · 1877
- Cawthorn v. StateSupreme Court of Alabama · 1879
3Cited by5 opinions
- Quillman v. GurleySupreme Court of Alabama · 1888
- Gilliam v. StateSupreme Court of Alabama · 1881
- Ireland v. StateAlabama Court of Appeals · 1914
- Calloway v. StateSupreme Court of Alabama · 1883
- DuBose v. StateSupreme Court of Alabama · 1899