Ex parte State ex rel. Wood
Supreme Court of Alabama
Original writ in Supreme Court. Mandamus by the state on the relation of John Wood to compel the transfer of the criminal charge for a misdemeanor pending against relator in the circuit court to the county court of Washington county. Mandamus is- the proper remedy. — State v. Kamil, 97 Ala. 107; Kao parte Bar Association, 29 Ala.
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Original writ in Supreme Court. Mandamus by the state on the relation of John Wood to compel the transfer of the criminal charge for a misdemeanor pending against relator in the circuit court to the county court of Washington county. Mandamus is- the proper remedy. — State v. Kamil, 97 Ala. 107; Kao parte Bar Association, 29 Ala. Ala. 113. The transfer of cases on the circuit to the county court of Washington county is ministerial.— Kiffdon■ v. Jellcs, 138 Ala. 115; Grider v. Talley, 77 Ala. 422; s. c. 66 Ala. 119; Davidson v. Washlmrn, 58 Ala. 596. The act is not contrary to section 143,…
1Opinion of the Court
McCLELLAN, j.
The writ of mandamus is sought in this instance to require the. transfer of a prosecution against the relator for a misdemeanor, previously the subject of indictment, from the circuit to the county court, of AVashington county. The present Legislature enacted that all misdemeanor cases pending in the circuit court, as well as those in future brought therein by indictments by the grand jury of that court, should be transferred for trial to the county court. The motion of the relator for the transfer of the case pending against him was denied.
The answer to the rule nisi asserts…
2Cases cited4 opinions
- Connelly v. StateSupreme Court of Alabama · 1877
- Johnson v. StateSupreme Court of Alabama · 1881
- Adcock v. StateSupreme Court of Alabama · 1904
- State v. FullerSupreme Court of Alabama · 1906
3Cited by6 opinions
- James v. StateAlabama Court of Appeals · 1926
- Ex parte O'NealSupreme Court of Alabama · 1908
- Ex Parte State Ex Rel. CarmichaelSupreme Court of Alabama · 1948
- Ex parte BushSupreme Court of Alabama · 1959
- Ex parte GrahamSupreme Court of Alabama · 1957
1 more not listed; retrieve them via the Exa API.