Collins v. State

On Rehearing.

THOMAS, J.

1. There was no discontinuance of the prosecution in the law’eourt of Pike county before the transfer of this case to the circuit court, pursuant to the terms of the consolidated court act. Gen. Acts 1915, p. 279. The due transfer of causes from the law court to the circuit court was provided by the act. And no mere neglect of the justice of the peace on the issuance of the warrant or the failure of the sheriff to execute that process will operate as a discontinuance. The authorities of this court are collected by Judge Foster in Roszell v. State, 19 Ala. App. 462, 98…