Frost v. State
Supreme Court of Alabama
Appeal from Talladega City Court. Tried before Hon. G-. K. Miller. Tbe facts appear in tbe opinion. — When jury trial is demanded the defendant must be' indicted before he can be tried. — Ex parte Reeves, 96 Ala. 33; Ex parte Qibson, 89 Ala. 176; Clarke’s Case, 46 Ala. 307. (1). Necessity for indictment under the law affecting this case. — McClelland’s Case, 118 Ala. 122. (2). The second charge requested by defendant limits the determination of Ms guilt to the testimony of a…
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Appeal from Talladega City Court. Tried before Hon. G-. K. Miller. Tbe facts appear in tbe opinion. — When jury trial is demanded the defendant must be' indicted before he can be tried. — Ex parte Reeves, 96 Ala. 33; Ex parte Qibson, 89 Ala. 176; Clarke’s Case, 46 Ala. 307. (1). Necessity for indictment under the law affecting this case. — McClelland’s Case, 118 Ala. 122. (2). The second charge requested by defendant limits the determination of Ms guilt to the testimony of a single witness. — Crawford/s Case, 21 So. Rep. 214; King v. State, 25 So. Rep. 172.
1Opinion of the CourtSharpe, J.
— A prosecution for carrying a pistol concealed about his person was commenced against the defendant by affidavit charging him with that offense. He demanded a,jury and was tried and convicted upon a verdict of guilt. He now insists that it was illegal to put him to .trial. Avithout an indictment having been found,- as in cases commenced in the county court and sent from there to-the circuit court upon a demand for a jury trial. That position cannot be sustained. The necessity for indictment in cases so sent from the county court grows‘out of the fact,that an indictment was the only.mode…
2Cited by11 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Baader v. StateSupreme Court of Alabama · 1917
- Ray v. StateSupreme Court of Alabama · 1946
- Hamilton v. StateSupreme Court of Alabama · 1906
- Huskey v. StateSupreme Court of Alabama · 1900
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