118 Ala. 122 | Ala. | 1897
The indictment is founded on the
Since the decision in Connelly v. State, 60 Ala. 89, it has been regarded as settled that a defendant charged with a misdemeanor, may of his own election waive a trial by jury, and submit to a trial by the court. Upon this theory a number of inferior courts have been created and organized, and it is now too late to enter upon a discussion of it. The statute declaring the power and jurisdiction of the city court authorizes the trial of misdemeanors by the judge without the intervention of a jury, unless the defendant within the first three days of the jury term, after the docketing of the case, in writing demands a trial by jury, and neglect to make the demand operates a waiver of the right to such trial. The statute afforded the defendant full opportunity to elect a trial by jury if he had desired it. The cause was docketed in tire court, and all that was required of him was the expression in wanting within the prescribed time of his demand for such trial. When the whole statute is read, the manifest purpose of the requirement, is, that the court should be the better able to control the summoning and attendance of juries during the term, facilitating the transaction of business. Neglecting to make the demand was a waiver of trial by jury; a
We find no error in tbe record, and tbe judgment must be affirmed.