Ware v. State
Supreme Court of Alabama
Appeal from Elmore County Court. Heard before Hon. H. J. Lancaster. This was a prosecution commenced by affidavit in the justice court returnable to the justice of the peace.
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Appeal from Elmore County Court. Heard before Hon. H. J. Lancaster. This was a prosecution commenced by affidavit in the justice court returnable to the justice of the peace. The affidavit charges that the defendant knowingly interfered with, hired, engaged, enticed away or induced Coleman Smith, a minor, to leave or quit the services of one Meadows his adopted father or guardian, to whom such sendee is lawfully due without the consent of said Meadows given in writing or in the presence of some credible person. The endorsements on the warrant show that it Avas executed by arresting the…
1Opinion of the CourtAnderson, J.
The defendant Avas tried by a justice of the pcia.ce for the violation of section 5505 of the Oode •of 1890 a,s amended by the act of 1901, page 1215, upon an affidavit made before him, and upon a AATtrrant issued hv and returnable to him. 'ftp had no jurisdiction to try the case, except as a committing magistrate, and as such bind him' over to the next, term of the county court of Elmore county. The legal (effect of binding the defendant over Avas, that he await the action of the grand jury, am! until he was indicted, he could not haAre been tried upon said charge by the countjr or circuit…
2Cited by1 opinion
- Jones v. StateSupreme Court of Alabama · 1907