Marberry v. State
Alabama Court of Appeals
Assault and Battery. Appeal from Coosa Circuit Court. Heard before Hon. Hugh B. Merrill. Willis Marberry and others were convicted of assault and battery and they appeal. The jurisdiction of the court at Goodwater is territorially limited to precincts 3, 4, 5 and 12. — Acts 1907, p. 216. Hence, there was no sufficient proof of venue. — Pearson v. Tlie State, 59 South. 526; Thomplcins v. The State, 1 Ala.
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Assault and Battery. Appeal from Coosa Circuit Court. Heard before Hon. Hugh B. Merrill. Willis Marberry and others were convicted of assault and battery and they appeal. The jurisdiction of the court at Goodwater is territorially limited to precincts 3, 4, 5 and 12. — Acts 1907, p. 216. Hence, there was no sufficient proof of venue. — Pearson v. Tlie State, 59 South. 526; Thomplcins v. The State, 1 Ala. App. 258. Having committed the defendants where he had final jurisdiction, the justice put them in jeopardy. — Ex parte Pruitt, 99 Ala. 225. The justice of the peace Avas without final…
1Opinion of the CourtThomas, J.
The defendants Avere indicted and convicted in the circuit court of Coosa county, sitting at Goodwater. The county seat of that county is Rockford, Avhere under the law all the terms of said court had been held, until the act of the Legislature of 1907, AAdiich provided that tAvo terms a year of said court should be also held at Goodwater in said county for the trial of those causes, civil and criminal, Avithin its jurisdiction, arising in beats 3, 4, 5, and 12 of said county. —Local Acts 1907, pp. 216, 735.
At the conclusion of the evidence in the present case the general affirmative charge…
2Cases cited4 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- Pearson v. StateAlabama Court of Appeals · 1912
- Ex parte RobinsonSupreme Court of Alabama · 1895
- Horton v. StateSupreme Court of Alabama · 1885
3Cited by2 opinions
- Cumbo v. StateCourt of Criminal Appeals of Alabama · 1978
- Stone v. GoldbergAlabama Court of Appeals · 1912