Smith v. State
Supreme Court of Alabama
Abusive, Insulting or Obscene Language. Appeal from Clay County Court. Heard before Hon. W. W. Pearson. James Smith ivas convicted of using abusive, insulting or obscure language, and he appeals. — After setting out the several sections of the act creating the County Court of Clay County, counsel insist that there is no way by which one may be tried in county courts upon information, and that the county court was ousted of jurisdiction by a demand for trial by jury. —…
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Abusive, Insulting or Obscene Language. Appeal from Clay County Court. Heard before Hon. W. W. Pearson. James Smith ivas convicted of using abusive, insulting or obscure language, and he appeals. — After setting out the several sections of the act creating the County Court of Clay County, counsel insist that there is no way by which one may be tried in county courts upon information, and that the county court was ousted of jurisdiction by a demand for trial by jury. — Claries Case, 46 Ala. 307; Eco parte Gibson, 89 Ala. 176; Reeves v. The State, 96 Ala. 33. While the Legislature can dispense…
1Opinion of the CourtSayre, J.
— Appellant was tried for misdemeanor in the county court of C'lay. The trial was had on affidavit and warrant sworn out before a justice of the peace and made returnable into the county court, and, upon appellant’s demand duly made, the issue of his guilt was submitted to a jury. He now renews his complaint that it was illegal to put him on trial without an indictment found.
By the Constitution it is 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 the peace or such other inferi- or…
2Cases cited4 opinions
- State v. HewlettSupreme Court of Alabama · 1899
- Frost v. StateSupreme Court of Alabama · 1899
- Jones v. StateSupreme Court of Alabama · 1907
- Randolph County v. HutchinsSupreme Court of Alabama · 1871
3Cited by3 opinions
- Streanger v. StateAlabama Court of Appeals · 1926
- Barney v. StateAlabama Court of Appeals · 1912
- Collins v. StateSupreme Court of Alabama · 1928