Jordan v. State

• Decision Date: 03 February 1910
• Citation: Jordan v. State, 165 Ala. 114, 51 So. 620 (Ala. 1910)
• Parties: JORDAN v. STATE.
• Court: Alabama Supreme Court

51 So. 620

165 Ala. 114

JORDAN v. STATE.

Supreme Court of Alabama

February 3, 1910

Appeal from Criminal Court, Jefferson County; S. L. Weaver, Judge.

Hickman Jordan was convicted of violating the prohibition law, and he appeals. Affirmed.

It appears from the record that a warrant was sworn out before H. B. Abernathy, judge of the inferior court of Birmingham against the defendant, for unlawfully selling spirituous vinous, or malt liquors within a prohibition district, and that warrant was issued thereon, made returnable to the judge of the criminal court of Jefferson county. When the case was called in that court for trial, the defendant filed the following plea: "Defendant objects to going to trial because this court is without jurisdiction, the warrant being sworn out before a judge of the inferior court, and that that court should have had warrant returnable to the inferior court of Birmingham, which court alone had jurisdiction." The defendant also moved to quash the warrant, on the ground that the affiant was not examined under oath touching the offense, nor were any other witnesses examined, as required by section 6703, Code 1907, and offered the magistrate to prove that he did not so examine the affiant or other witnesses, and on the further ground it fails to show that the magistrate had probable cause for believing that the offense had been committed before issuing the warrant. The defendant further objected to being put to trial on the ground that his arrest was illegal, he having been arrested without a warrant and in violation of law; the entry on the back of the warrant showing that he was confined in jail on the 6th day of June, 1908, and the warrant having been issued on the 7th day of June, 1908.

William Conniff, for appellant.

Alexander M. Garber, Atty. Gen., for the State.

SAYRE J.

We are not advised of any reason why this case should not have been tried in the criminal court of Jefferson county, and cannot affirm error of the ruling of that court by which defendant's plea to the jurisdiction was held to be unavailing. That court had jurisdiction to try cases of this character, and the act of September 26, 1903 (Loc. Acts 1903 p. 379), establishing an inferior court in precincts 21 and 37 in Jefferson county, conferred upon the judge of that court the power to "take affidavits and issue warrants for misdemeanors directly returnable to any court having final...