Legal Opinion

McCaig v. State

Alabama Court of Appeals

Decided June 29, 1918No. 8 Div. 613PublishedCited by 7 opinions

Appeal from Circuit Court, Morgan County; R. C.. Brickell, Judge. Jack McCaig was convicted of assault on a joint indictment with another, and he appeals.

1Opinion of the Court

The indictment was returned against the defendant on April 14, 1917. He was arrested and gave bail on the 8th of May, 1917. His first and only demand for trial by jury was made on November 5, 1917; more than 30 days having elapsed between the date of his arrest and the filing of the demand for trial by jury. Failing to demand a trial by jury within the time allowed by the statute, the right of trial by jury was waived, and it was the duty of the court to proceed to trial without a jury. Acts 1915, p. 940, § 2; Baader v. State, 201 Ala. 76,77 So. 370; Ex parte Elba Bank Trust Co., 199 Ala.…

2Cases cited17 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Parrish v. StateSupreme Court of Alabama · 1903
  3. Thornton v. StateSupreme Court of Alabama · 1896
  4. Carney v. StateSupreme Court of Alabama · 1885
  5. McKee v. StateSupreme Court of Alabama · 1886

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3Cited by7 opinions

  1. Vaughn v. StateSupreme Court of Alabama · 1938
  2. Parks v. StateAlabama Court of Appeals · 1925
  3. Rogers v. McLeskeySupreme Court of Alabama · 1932
  4. Booker v. StateAlabama Court of Appeals · 1931
  5. May v. StateAlabama Court of Appeals · 1927

2 more not listed; retrieve them via the Exa API.

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