Wilson v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. E. T. Albkitton. P. O. Wilson was convicted of violating the prohibition law, and he appeals.
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Appeal from Andalusia City Court. Heard before Hon. E. T. Albkitton. P. O. Wilson was convicted of violating the prohibition law, and he appeals. The special findings of fact made by the court was that defendant, P. O. Wilson, at a time during the latter part of the year 1912, the indictment being filed February 13, 1913, sold to J. G. Foxworth a half pint of whisky for which Foxworth paid him the sum of 50 cents, and that such sale occurred in Covington county, and within 12 months next before the finding of the indictment, and that the general character of defendant in the community was…
1Opinion of the CourtPelham, J.
On the undisputed evidence the defendant had waived his right to a trial by jury by not *160having demanded such a trial within the time allowed by law for that purpose. — Acts Sp. Sess. 1909, pp. 63, 92, § 32; Moss v. State, 3 Ala. App. 189, 58 South. 62. See, also, Wilson v. State, supra, 64 South. 509.
Section 32 of the special act in question is not violative of the constitutional provision (section 11) that the right of trial by jury shall remain inviolate. See authorities collected and cited in the Criminal Code in connection with this section. Nor does the section or act in question…
2Cases cited5 opinions
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
- Moss v. StateAlabama Court of Appeals · 1912
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- Pell City Manufacturing Co. v. CosperSupreme Court of Alabama · 1911
- Wilson v. StateAlabama Court of Appeals · 1914
3Cited by2 opinions
- State v. BergSupreme Court of Iowa · 1946
- Johnson v. McFryAlabama Court of Appeals · 1915