Walker v. State
Supreme Court of Alabama
Violating Prohibition Lem. Appeal from Pickens Circuit Court. Heard before Hon. A. H. Alston. Sam Walker was convicted of selling intoxicating liquor without a license and of otherwise disposing of the same, and he appeals.
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Violating Prohibition Lem. Appeal from Pickens Circuit Court. Heard before Hon. A. H. Alston. Sam Walker was convicted of selling intoxicating liquor without a license and of otherwise disposing of the same, and he appeals. The plea is as follows: “Defendant says he has been in jeopardy for the offense of which he is now charged in this indictment, and that about September 11, 1908, before W. S. Walker, a qualified justice of the peace in and for said state of Alabama and county of Pickens, and in sa,icl court, defendant was in dne form arraigned and pleaded to the said offense charged, which…
1Opinion of the CourtAnderson, J.
— The act (Acts'1907; [Sp. Sess.] p. 190) did not increase the jurisdiction of justices of the peace. Its object is to dispense with indictments for *98the sale, barter, or exchange of liquor, and to dispense with jury trials, when not demanded under the provisions of same. It is true it requires that the prosecution must proceed upon the affidavit upon which the prosecution was originally begun; but that does not mean that the officer before whom the affidavit is made is given jurisdiction to finally dispose of the case, if he did not so have independent of the act. The word “magistrate” is…
2Cases cited1 opinion
- State ex rel. Nash v. SemmesSupreme Court of Alabama · 1909
3Cited by3 opinions
- Holmes v. StateAlabama Court of Appeals · 1941
- Grissett v. StateAlabama Court of Appeals · 1922
- McCrosky v. StateAlabama Court of Appeals · 1920