Williams v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case was arrested under a warrant issued by a justice of the peace, “on a charge of petit larceny alleged to have been committed by him in said county, on or about the 12th day of June, 1889, on the premises of J. W. James, said charge being preferred by said James.”
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case was arrested under a warrant issued by a justice of the peace, “on a charge of petit larceny alleged to have been committed by him in said county, on or about the 12th day of June, 1889, on the premises of J. W. James, said charge being preferred by said James.” The affidavit on which said warrant was issued, was made before the justice by said James, and stated that “in said county, on or about the 12th day of June, 1889, one Henry Williams did steal from his premises one plow-stock,…
1Opinion of the CourtClopton, J.
After a verdict of guilty had been returned, appellant moved for arrest of judgment, on the ground that the affidavit, on which the justice of the peace issued his warrant of arrest, charges no criminal offense of which the justice had jurisdiction, by reason whereof the pi’oceedings before him, including the judgment of conviction and sentence, from which the defendant took an appeal to the City Court, are void. The contention is, that the jurisdiction of a justice of the peace to try criminal offenses being statutory, the facts out of which the jurisdiction proceeds must affirmatively…
2Cases cited8 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
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- Blankenshire v. StateSupreme Court of Alabama · 1881
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3Cited by13 opinions
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