Ex parte Dunklin
Supreme Court of Alabama
In this case, Prince Dunklin applied by petition and motion to this court for a writ of mcmdaonus, to be directed to ITon. JoNA. HaralsoN, the presiding judge of the City Court of Selma, commanding him to issue a writ of habeas corpus as prayed by the petitioner, to inquire into the legality of his imprisonment in the county jail of Dallas.
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In this case, Prince Dunklin applied by petition and motion to this court for a writ of mcmdaonus, to be directed to ITon. JoNA. HaralsoN, the presiding judge of the City Court of Selma, commanding him to issue a writ of habeas corpus as prayed by the petitioner, to inquire into the legality of his imprisonment in the county jail of Dallas. The petition, with the accompanying papers, alleged and showed that, on the 27th March, 1888, the petitioner was arrested on a charge of vagrancy in abandoning his family, on a warrant issued by a justice of the peace, founded on an affidavit made by…
1Opinion of the CourtStone, J.
The offense with which the prisoner was charged is a misdemeanor, and the statute confers on justices of the peace jurisdiction to try and punish persons guilty of the offense, unless, before entering on the trial, the 'accused demands a trial by jury.- — Code of 1876, §§ 4628, 4696. And on such trial the justice “must determine both the law and the facts, without the intervention of a jury, and award the pun*243ishment which the offense may demand.” — lb. § 4697. If convicted, the defendant has the right' of appeal. — Ih. § 4700. Now, -all these provisions relate to cases where the offender is…
2Cases cited4 opinions
- Ex parte MahoneSupreme Court of Alabama · 1857
- Ex parte ChampionSupreme Court of Alabama · 1875
- Ex parte State ex rel. BrooksSupreme Court of Alabama · 1874
- Sale v. StateSupreme Court of Alabama · 1881
3Cited by3 opinions
- Wiley v. StateSupreme Court of Alabama · 1897
- Williams v. Island City Milling Co.Oregon Supreme Court · 1894
- Pittman v. StateAlabama Court of Appeals · 1922