Wilson v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. E. T. Albritton. P. O. Wilson was convicted of violating the prohibition law, and he appeals. The lower court erred in refusing to grant defendant a trial by jury. — Sec. 5, art. 1, sec. 11, art. 1, sec. 45, art. 4, Constitution; 12 Enc. P. & P. 241; Local Acts 1911, 327, sec. 12. On these same authorities the court erred in finding that the jury had been waived.
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Appeal from Andalusia City Court. Heard before Hon. E. T. Albritton. P. O. Wilson was convicted of violating the prohibition law, and he appeals. The lower court erred in refusing to grant defendant a trial by jury. — Sec. 5, art. 1, sec. 11, art. 1, sec. 45, art. 4, Constitution; 12 Enc. P. & P. 241; Local Acts 1911, 327, sec. 12. On these same authorities the court erred in finding that the jury had been waived. The Fuller Bill does not embrace in its title the matter of trial by jury as to its criminal features, and is therefore violative of section 45, Constitution 1911. The appellant was…
1Opinion of the CourtWalker, P. J.
Section 32 of the act of August 25, 1909, entitled “An act to further suppress the evils of intemperance,” etc. (Acts of Ala. Sp. Sess. 1909, p. 63), specifies the time and manner of the defendant’s making a demand for a tidal by jury when he is prosecuted for any violation of the-state’s liquor laws in a court in which jury trials are provided for. As to such *158prosecutions, the provision is made generally applicable.- — Moss v. State, 3 Ala. App. 189, 58 South. 62. The provision of section 12 of the act “To create and establish the Andalusia city court of law and equity” that “in all cases of…
2Cases cited1 opinion
- Moss v. StateAlabama Court of Appeals · 1912
3Cited by3 opinions
- Kreutner v. StateAlabama Court of Appeals · 1918
- Frazier v. StateAlabama Court of Appeals · 1914
- Wilson v. StateAlabama Court of Appeals · 1914