66 So. 879 | Ala. Ct. App. | 1914
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 appeals under the Code of Alabama from such justices of the peace or county court, and the party may demand and be entitled to a jury trial in such higher court. — Acts of Alabama, Special Session 1909, pp 63, 92, § 32. The county court of Sumter is a court having jurisdiction to try such cases as the one at bar and to find the party charged guilty or not guilty, and as to which no provision is made for a jury trial — Acts of Ala. 1898-99, p. 376; Witt v. State, 130 Ala. 129, 30 South. 473. As to prosecutions for violations of liquor laws, the provisions as to the disposition and appeal of cases in which a jury trial is demanded, which are made in the local act creating that court, must be regarded as superseded by the above referred to inconsistent provisions of a general statute, which (see section 38, p.
Appeal dismissed.