Dodd v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the 'Hon. Saji. E. Greene. The defendant, Sam Dodd, was tried and convicted for carrying a pistol concealed about his person. The prosecution was commenced by. an affidavit made by Annie Randall before a magistrate, and the trial from which this appeal is prosecuted, was had before the Criminal Court of Jefferson county, without the intervention of a jury.
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From the Criminal Court of Jefferson. Tried before the 'Hon. Saji. E. Greene. The defendant, Sam Dodd, was tried and convicted for carrying a pistol concealed about his person. The prosecution was commenced by. an affidavit made by Annie Randall before a magistrate, and the trial from which this appeal is prosecuted, was had before the Criminal Court of Jefferson county, without the intervention of a jury. The testimony tended to show that, about a month or two before the affidavit was made and the warrant sworn out, the defendant went to the house of Annie Randall, and made an assault upon…
1Opinion of the CourtWalker, J.
This case was tried in the primary court without the intervention of a jury, under the authority of the statute applicable to the .trial of misdemeanors in that court when the defendant fails to demand a jury. — Acts 1886-87, p. 837 § 7. In such case, the decision of the court upon the *63facts is, in legal effect, equivalent to the verdict of a j ury. — Boyd v. The State, 88 Ala. 169; Skinner v. The State, 87 Ala. 105. Even if the statute had authorized this court to review on appeal such finding as to the facts, no such review could be had in this case, as the bill of exceptions does not…
2Cases cited4 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- Tolbert v. StateSupreme Court of Alabama · 1888
- Boyd v. StateSupreme Court of Alabama · 1889
- Skinner v. StateSupreme Court of Alabama · 1888
3Cited by4 opinions
- Tatum v. StateSupreme Court of Alabama · 1901
- Dykes v. StateCourt of Criminal Appeals of Oklahoma · 1915
- City of Mobile v. MurphreeSupreme Court of Alabama · 1892
- Fort v. StateAlabama Court of Appeals · 1911