Herring v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. G-. W. Herring and another were convicted for the unlawful sale of intoxicating liquors, and they appeal. The court erred in not quashing the warrant and affidavit, and in overruling the motion directed to same, as well as the demurrers. The judge of the city court of Bessemer has no authority to issue warrants in such a. case. — U. S. v. Wilkburger, 5 Wheat. 76; State a.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. G-. W. Herring and another were convicted for the unlawful sale of intoxicating liquors, and they appeal. The court erred in not quashing the warrant and affidavit, and in overruling the motion directed to same, as well as the demurrers. The judge of the city court of Bessemer has no authority to issue warrants in such a. case. — U. S. v. Wilkburger, 5 Wheat. 76; State a. Lovell, 23 Iowa, 304; People v. Riley, 50' Mich. 385; Keller e. The State, 59 Am. Dec. 226; Eoo parte Diggs, 52 Ala. 381; Wright v. Smith, 66 Ala. 545;…
1Opinion of the CourtSimpson, J.
The appellants were tried and convicted of the offense of selling spirtuous, vinous or malt liquors in violation of section 7357 of the Code of 1907.
The affidavit upon which the defendants were arrested ivas made before Hon. William Jackson, judge of the city court of Bessemer, and the warrant was issued by *33him. Motion was made to quash the affidavit and warrant on the ground that said judge of said city court was not authorized to administer said affidavit or to issue said warrant.
The statute (section 7359, Code of 1907) specifically provides that the affidavit shall he made before a justice…
2Cited by4 opinions
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- Higdon v. StuckeySupreme Court of Alabama · 1910
- Mahaley v. StateAlabama Court of Appeals · 1958
- Clewis v. StateSupreme Court of Alabama · 1911