Jones v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The record in this case shows that, on the 17th January, 1877, a warrant of arrest was issued by a justice of the peace against Henry Johnson, founded on an affidavit charging him with the offense of trespass after warning, and commanding that he be brought before the justice on the 21th day of that month, to answer the offense.
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Appeal from the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The record in this case shows that, on the 17th January, 1877, a warrant of arrest was issued by a justice of the peace against Henry Johnson, founded on an affidavit charging him with the offense of trespass after warning, and commanding that he be brought before the justice on the 21th day of that month, to answer the offense. The warrant was executed by the sheriff, whose return was in these words: “ I have executed this writ by arresting the within-named defendant, and admitting him to bail, this 18th day of…
1Opinion of the Court
BEICEELL, 0. J.
The power and duty of a sheriff, to take recognizances in criminal cases, is derived from, and imposed by statute. A recognizance, taken by him without authority, is void. — Governor v. Jackson, 15 Ala. 703; Antones v. State, 26 Ala. 81; Gray v. State, 43 Ala. 41. A warrant of arrest was issued against Henry Johnson, by a justice of the peace, to answer an accusation of trespass after warning, — a misdemeanor. The warrant was, by its terms,returnable before the justice, on a day specified, seven days after its issúe, and six days after its service by the arrest of the…
2Cases cited3 opinions
- Antonez v. StateSupreme Court of Alabama · 1855
- Gray v. StateSupreme Court of Alabama · 1869
- Governor v. JacksonSupreme Court of Alabama · 1849
3Cited by1 opinion
- Haney v. PeopleSupreme Court of Colorado · 1888