Wilson v. State
| Citation | 10 Ala.App. 156,64 So. 509 |
| Parties | WILSON v. STATE. |
| Decision Date | 03 February 1914 |
| 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.
[10 Ala.App. 157] 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 of Ala.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 [10 Ala.App. 158] prosecutions, that provision is made generally applicable. Moss v. State, 3 Ala.App. 189, 58 So. 62. The provision of section 12 of the act "To create and establish the Andalusia city court of law and equity" that "in all cases of all misdemeanors the defendant may waive a trial by jury" (Local Acts of Ala. 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 record.
Affirmed.
To continue reading
Request your trial
-
Kreutner v. State
...of the Fuller Law relating to demanding a trial by jury was made by this court in Moss v. State, supra; Fletcher v. State, supra; Wilson v. State, supra; Frazier v. supra. And by the Supreme Court in Ex parte Fletcher, 188 Ala. 1, 66 So. 148, and Baader v. State, supra. It is the duty of th......
-
Wilson v. State
...of Andalusia; Ed T. Albritton, Judge. P.O. Wilson was convicted of violating the prohibition law, and he appeals. Affirmed. See, also, 64 So. 509. special findings of fact made by the court was that defendant, P.O. Wilson, at a time during the latter part of the year 1912, the indictment be......
-
Frazier v. State
...Sp.Sess.) repealed "all laws and parts of laws, general, local and special, in conflict with the provisions of this act." Wilson v. State, 10 Ala.App. 156, 64 So. 509; Moss v. State, 3 Ala.App. 189, 58 So. 62. Legislature has the right to require a trial of the charge in the court in which ......
- Jones v. State