Martin v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. Fannie Martin was convicted before a justice of the peace for an assault and battery by throwing scalding water upon a person. From a conviction in the justice of the peace court she appealed to the city court where she was again convicted. From this judgment she appeals.
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Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. Fannie Martin was convicted before a justice of the peace for an assault and battery by throwing scalding water upon a person. From a conviction in the justice of the peace court she appealed to the city court where she was again convicted. From this judgment she appeals. The conviction before the justice of the peace was a nullity for want of jurisdiction. — Dan&ey v. The State, 68 Ala. 296; Section 4630, Code 1896.
1Opinion of the CourtDowdell, J.
The prosecution in this case was commenced on affidavit and warrant before a justice of the peace. The affidavit charged the defendant with the offense of an assault and battery by “throwing scalding water” on the person assaulted. The justice of the peace assumed final jurisdiction and proceeded to final judgment, adjudging the defendant guilty and imposing a fine of $10. From this the defendant appealed to the city court of Montgomery. In the city court no indictment was returned against the defendant, and the defendant filed a plea to the jurisdiction of the city court, upon the ground…
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