Jones v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. The prosecution is this case was commenced by affidavit before one L. C. Kelly, a justice of the peace in Walker county.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. The prosecution is this case was commenced by affidavit before one L. C. Kelly, a justice of the peace in Walker county. Upon the making of the affidavit, the justice of the peace issued the following command to any lawful officer of the state of Alabama: “You are hereby commanded to arrest Charlie Jones (colored), and bring him before me at my office at Carbon Hill, Ala., instant-es to answer the state of Alabama of an attempt to obtain money by false token or pretense.” On the trial before the justice of the peace the…
1Opinion of the Court
ANDERSON, J. —
The prosecution was commenced before a justice of the peace upon affidavit and warrant returnable before him, and was for an offense of which he had final jurisdiction. The defendant demanded a jury trial, as is provided by section 4636 of the Code of 1896. This precluded the justice of the peace from taking any steps in the matter, other than to bind the defendant over to the circuit or city court (the Walker law and equity court in this instance), or to order the defendant committed to jail in default of a bond. The Walker county law and equity court has jurisdiction to try…
2Cases cited3 opinions
- Frost v. StateSupreme Court of Alabama · 1899
- Clark v. StateSupreme Court of Alabama · 1871
- Ware v. StateSupreme Court of Alabama · 1906
3Cited by4 opinions
- Streanger v. StateAlabama Court of Appeals · 1926
- Collins v. StateSupreme Court of Alabama · 1928
- Russau v. StateAlabama Court of Appeals · 1916
- Smith v. StateSupreme Court of Alabama · 1910