Doublin v. State

PELHAM, P. J.(1) The affidavit or warrant for the violation of the prohibition laws is not bad because returnable before the judge, instead of the court. — Sapp v. State, 167 Ala. 96, 52 South. 885; Carnley v. State, 162 Ala. 94, 50 South. 362. The improper direction for the return before the judge of the court, instead of to the court presided over by the judge, was merely an immaterial irregularity, as decided by the authorities above cited.(2) There is no merit in the proposition that because the defendant did not demand a trial by jury the court was without authority to try the defendant…