State ex rel. Nash v. Semmes
Supreme Court of Alabama
Original petition in the Supreme Oonrt. Petition for prohibition or other remedial writ by the State, on the relation of Reuben Nash, Jr., against O. J. Semmes, Judge of the City Court of Mobile, to require the latter to strike a case from the docket pending against relator for selling intoxicating liquors.
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Original petition in the Supreme Oonrt. Petition for prohibition or other remedial writ by the State, on the relation of Reuben Nash, Jr., against O. J. Semmes, Judge of the City Court of Mobile, to require the latter to strike a case from the docket pending against relator for selling intoxicating liquors. The facts made by the petition are that a warrant was sworn out before the inferior court of Mobile county, charging petitioner with a violation of the prohibition law; that, when the case was called in the inferior court, petitioner made a demand for trial by jury, whereupon the judge of…
1Opinion of the CourtAnderson, J.
Section 8 of the Constitution of 1901 authorizes the Legislature to dispense with indictments in cases of misdemeanor and to provide for the prosecution of same before justices of the peace or such other inferior courts as may be established. Acts 1907 (Special Acts) p. 189, dispenses with indictments for the violation of the prohibition law, and, if said act is valid, the defendant could not complain because of being prosecuted without indictment.
It is insisted that this act is void because violative of section 45 of the Constitution. We think the subject of the act, as expressed in the…
2Cited by2 opinions
- Walker v. StateSupreme Court of Alabama · 1910
- State ex rel. Garber v. SemmesSupreme Court of Alabama · 1909