Johnson v. State
Supreme Court of Alabama
Appeal from Hale County Court. Tried before Hon James M. Hobson. This was a prosecution under section 4354 of the Code of 1876, and was commenced by a warrant of arrest issued by a justice of the peace, acting as a committing magistrate, upon an. affidavit made before him. The defendant waived an examination before the justice and gave bail, as required by that officer, for bis appearance before the county court, to answer the charge preferred against him.
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Appeal from Hale County Court. Tried before Hon James M. Hobson. This was a prosecution under section 4354 of the Code of 1876, and was commenced by a warrant of arrest issued by a justice of the peace, acting as a committing magistrate, upon an. affidavit made before him. The defendant waived an examination before the justice and gave bail, as required by that officer, for bis appearance before the county court, to answer the charge preferred against him. On the trial, had before a jury, evidence was introduced by the State, tending to show that within twelve months before the commencement…
1Opinion of the Court
BPICICELL, O. J.
The first question to which counsel directed argument is, whether the county court had jurisdiction of the cause — a prosecution for misdemeanor, commenced by a warrant of arrest issued by a justice of the peace, as an examining magistrate, who required the defendant to give bail for his appearance before the county court, to answer the accusation. The proposition is, that the county court of Hale county has final jurisdiction of misdemeanors, only in two classes of cases; first, when the accusation is preferred originally before the court; second, when an indictment has been…
2Cases cited1 opinion
- Gunter v. LeckeySupreme Court of Alabama · 1857
3Cited by7 opinions
- Guaranty Funding Corporation v. BollingSupreme Court of Alabama · 1972
- Stuck v. HowardSupreme Court of Alabama · 1925
- Ex parte State ex rel. WoodSupreme Court of Alabama · 1907
- Gulfport Fert. Co. v. JonesAlabama Court of Appeals · 1916
- Lippman v. StateSupreme Court of Alabama · 1893
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