Redd v. State
Supreme Court of Alabama
Violating Prohibition Lam. Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. From a conviction of violating the prohibition law Jim Bedd appeals.
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Violating Prohibition Lam. Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. From a conviction of violating the prohibition law Jim Bedd appeals. The justice of peace before whom the affidavit was made and who issued the warrant was without authority to make it returnable to the criminal court much less the judge of the criminal court of Jefferson County. — Lee v. The State, 119 South. 366; Spurlock v. The State, 48 South. 849; Alford v. Hicks, 38 South. 752. It certainly could not be made returnable to the judge of such court. — Scott v. The State, 141 Ala. 43. Hence, it…
1Opinion of the CourtMayfield, J.
The Constitution of 1901 prohibits the institution of prosecutions for final trials as for felonies, except ¡by indictment. While it authorizes the issue of warrahts of arrest, and preliminary trials without indictment in felony cases, it does not allow final prosecution as for indictable offenses, by information, except as is otherwise provided in the Constitution. Olne of these other provisos in the Constitution reads as follows: “Provided, that in cases of misdemeanor, the Legislature may by law dispense with a grand jury and authorize such prosecutions and proceedings before justices of…
2Cases cited6 opinions
- Reeves v. StateSupreme Court of Alabama · 1892
- Connelly v. StateSupreme Court of Alabama · 1877
- McClellan v. StateSupreme Court of Alabama · 1897
- Carnley v. StateSupreme Court of Alabama · 1909
- Higdon v. StuckeySupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kirk v. StateSupreme Court of Alabama · 1945
- Campbell v. StateSupreme Court of Alabama · 1939
- Mahaley v. StateAlabama Court of Appeals · 1958
- Wells v. StateSupreme Court of Alabama · 1944
- Ireland v. StateAlabama Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.