Legal Opinion

Pope v. State

Alabama Court of Appeals

Decided August 4, 1925No. 4 Div. 11Published

1Opinion of the CourtBricken, P. J.

The appellant was tried and convicted for the offense of violating the prohibition law, and appeals.

The trial in the court below proceeded throughout without .objection or exception. The evidence was in conflict and was therefore properly submitted to the jury for its determination.

The affirmative charge was requested in writing and refused. In this, there was no error.

The insistence is here made that the process upon which defendant was tried was coram non judice, and void, in that the justice of the peace had no jurisdiction to take the affidavit or issue the warrant.

Erom the record, we…

2Cases cited3 opinions

  1. Lee v. StateSupreme Court of Alabama · 1904
  2. Red v. StateSupreme Court of Alabama · 1910
  3. Williams v. StateAlabama Court of Appeals · 1921

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