| Ala. | Feb 3, 1910
— Appellant was tried for misdemeanor in the county court of C'lay. The trial was had on affidavit and warrant sworn out before a justice of the peace and made returnable into the county court, and, upon appellant’s demand duly made, the issue of his guilt was submitted to a jury. He now renews his complaint that it was illegal to put him on trial without an indictment found.
By the Constitution it is provided that in cases of misdemeanor the Legislature may by law dispense with a grand jury and authorize such prosecutions and proceedings before justices of the peace or such other inferi- or courts as may be by law established. The question here made depends upon the proper construction of the act of December 13, 1908, establishing a county court' for the county of Clay. — Loc. Acts-1889-99, p. 176. Section 16 of the act provides “that any person charged with the commission of a misdemeanor may be tried in the county court upon information, and the proceedings in such case shall be the same as now provided by law for trials upon information in the county courts under the general laws of this state, except that no appeal shall lie in such case to the circuit court.” Prosecutions for crime by information are not recognized in this state. Clearly the statute did not intend prosecution by indictment, because county courts under the general law have no grand juries. It must therefore be held that Legislature intended to refer to some recognized proceeding other than by indictment or information j that is, to prosecution by complaint or affidavit. — State v. Hewlett, 124 Ala. 471" court="Ala." date_filed="1899-11-15" href="https://app.midpage.ai/document/state-v-hewlett-6518408?utm_source=webapp" opinion_id="6518408">124 Ala. 471, 27 South. 18. And this the appellant seems to concede.
But Ave take the insistence to be that because the act confers the jurisdiction of the circuit court and requires proceedings in the county court of Gay to be the same.
In this case the trial was had upon the original affidavit, importing thereby, as we apprehend, the adoption by the solicitor of the affidavit as the state’s complaint. The case of Jones v. State, 149 Ala. 63, 43 South. 28, must be distinguished from the case at bar by the fact that the affidavit and warrant there were returnable before the magistrate. Here the proceeding was in exact pursuance of section 25 of the act creating the court. Of the legislative power so to provide there is no question.
Affirmed.