Frazier v. State
Alabama Court of Appeals
Appeal from Sumter County Court. Heard before Hon. P. B. Jarman. Jim Frazier was convicted of violating the prohibition law and he appeals. Section 32 of the Acts of 1909, p. 92, does not make any change except as to the time in which a demand for a jury can be made, and does not repeal the provisions of the local Act creating the county court. — Wilson v. State, 64 South. 510, and authorities cited.
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Appeal from Sumter County Court. Heard before Hon. P. B. Jarman. Jim Frazier was convicted of violating the prohibition law and he appeals. Section 32 of the Acts of 1909, p. 92, does not make any change except as to the time in which a demand for a jury can be made, and does not repeal the provisions of the local Act creating the county court. — Wilson v. State, 64 South. 510, and authorities cited. If the rulings of the county court in this case are upheld they will render the law unconstitutional. — Witt v. State, 130 Ala. 129; Alford v. State, 54 South. 213. Section 6 of the Local Act…
1Opinion of the CourtWalker, P. J.
If the prosecution for a violation of the state’s prohibitive liquor laws is begun before a court or judge as to which or whom no provision is made for a jury trial, the court or judge, if it or he has jurisdiction to try the case and find the party charged guilty or not guilty, shall proceed with the trial, and, if the party charged is convicted, he may appeal to the circuit court or other court of record of like jurisdiction in cases of appeal from the county court or from a judgment of a justice of the peace, in such form and in such manner and subject to such restrictions as govern…
2Cases cited4 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Moss v. StateAlabama Court of Appeals · 1912
- Witt v. StateSupreme Court of Alabama · 1900
- Wilson v. StateAlabama Court of Appeals · 1914
3Cited by2 opinions
- Kreutner v. StateAlabama Court of Appeals · 1918
- Daley v. StateAlabama Court of Appeals · 1917