Wilson v. State

• Decision Date: 03 February 1914
• Citation: 10 Ala.App. 156,64 So. 509
• Parties: WILSON v. STATE.
• Court: Alabama Court of Appeals

64 So. 509

10 Ala.App. 156

WILSON v. STATE.

Court of Appeals of Alabama

February 3, 1914

Appeal from City Court of Andalusia; Ed. T. Albritton, Judge.

P.O Wilson was convicted of violating the prohibition law, and he appeals.Affirmed.

See also, 64 So. 510.

A. Whaley, of Andalusia, for appellant.

R.C Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.

WALKER P.J.

Section 32 of the act of August 25, 1909, entitled "An act to further suppress the evils of intemperance," etc. (Acts ofAla.Sp.Sess.1909, p. 63), specifies the time and manner of the defendant's making a demand for a trial by jury when he is prosecuted for any violation of the state's liquor laws in a court in which jury trials are provided for.As to such prosecutions, that provision is made generally applicable.Moss v. State,3 Ala.App. 18958 So. 62.The provision of section 12 of the act"To create and establish the Andalusia citycourt of law and equity" that "in all cases of all misdemeanors the defendant may waive a trial by jury"(Local Acts ofAla.1911, pp. 315, 327) does not purport to and does not supersede the above referred to provision of the general law as to the time and manner of the defendant's making a demand for a trial by jury in such a case as the instant one.The defendant waived the right to a trial by jury by failing to demand it in the manner provided by the statute applicable in such a case.The court did not err in so holding.

There is no error in the...