Murphy v. State
Supreme Court of Alabama
Feom tbe City Court of Montgomery. Tried before tbe Hon. John A. Minsk. Tbe indictment in tbis ease charged that, before tbe finding thereof, “ Elias Murphy knowingly and willfully opposed or resisted W. C. Fuller, a constable of the county of Montgomery, in serving, executing, or attempting to serve or execute a certain writ or process, called a warrant of arrest; which said writ or process was lawfully issued by J. B„ Fuller, a justice of tbe peace in and for tbe said…
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Feom tbe City Court of Montgomery. Tried before tbe Hon. John A. Minsk. Tbe indictment in tbis ease charged that, before tbe finding thereof, “ Elias Murphy knowingly and willfully opposed or resisted W. C. Fuller, a constable of the county of Montgomery, in serving, executing, or attempting to serve or execute a certain writ or process, called a warrant of arrest; which said writ or process was lawfully issued by J. B„ Fuller, a justice of tbe peace in and for tbe said county, or a notary public of said county, commanding tbe arrest of said Elias Murphy on a criminal charge; against tbe…
1Opinion of the Court
MANNING, J. —
‘The indictment in this cause is in the form, and has as much particularity in its allegations, as that prescribed by the Code requires, The first and second grounds for demurrer are, therefore, not well taken.
2. The words, “ or a notary public of said county,” contained in the indictment, is an alternative designation of the office of J. B. Fuller, by whom the warrant was issued. Under our constitution, a notary public is, ex officio, a justice of the peace, or exercises “ the same jurisdiction ” within the scope of his authority; and the description of the officer by whom a…
2Cited by11 opinions
- Smith v. StateSupreme Court of Alabama · 1889
- Dolan v. StateSupreme Court of Alabama · 1886
- Spear v. StateSupreme Court of Alabama · 1898
- Williams v. StateSupreme Court of Alabama · 1889
- Andrews v. StateSupreme Court of Alabama · 1885
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