Legal Opinion · Dissent

Kreutner v. State

Alabama Court of Appeals

Decided April 9, 1918No. 3 Div. 307Published

Appeal from Circuit Court, Montgomery County; A. B. Foster, Judge. Henry Ivreutner was convicted of a violation of the Prohibitory Liquor Law, and appeals.

1Dissent

I am unable to yield my assent to the opinion of the majority in this case.

This cause should be reversed for two reasons: The defendant was deprived of his right of trial by jury, and the evidence was insufficient to support a conviction. I see no escape from the conclusion that the defendant was entitled to a trial by jury. The second section of the act of the Legislature approved September 28, 1915, is as follows:

"That in all misdemeanor causes in the circuit court, the issue and question of fact shall be tried by the judge of the court without the intervention of a jury except in causes…

2Cases cited13 opinions

  1. City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
  2. City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
  3. Ferguson v. Commissioners' CourtSupreme Court of Alabama · 1914
  4. Fuller v. American Supply Co.Supreme Court of Alabama · 1914
  5. Herrington v. StateSupreme Court of Alabama · 1888

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