117 Ala. 158 | Ala. | 1897
The record presents a singular- and rather involved course of proceedings. On the 18th day of July, 1894, complaint was made before a justice of the peace, charging that there was probable cause to believe the defendant had committed the misdemeanor of using abusive, obscene, or insulting language in the hearing of a female. — Criminal Code, 1886, § 4031; Criminal Code, 1896, § 4306. Upon the complaint, a warrant of arrest was issued, returnable before the justice. The warrant was not executed until the 2d day of June, 1895, and on the 8th day of that month, the defendant was taken before the justice, and, demanding a trial by jury, was required to give bail for his appearance at the next term of the criminal court of the county of Pike. The bail was given, and there is a chasm in the proceedings until the 14th day of June, 1897., when the clerk of the circuit court of the county issued a writing, directed to any sheriff of the State, reciting that the justice of the peace had issued a warrant against the defendant for using abusive language, commanding his arrest, and that he be committed to jail, unless he gave bond. Upon this paper the sheriff of the county made return in these words : “Executed by arresting the defendant -and committing to jail, this 18th day of June, '1897.” On the next day, the sheriff accepted bond from the defendant for his appearance at the next term of the criminal court of Pike county. At the next term of that court, the defendant appeared and moved a.dismissal of the case for want of jurisdiction in the court, which motion was overruled; and he then demurred, because the complaint (the affidavit made before the justice of the peace), did .not conclude “against the peace and dignity of the State of Alabama,” which was overruled'.
A trial was then had before a jury on issue joined on the plea of not guilty ; a verdict of guilty was rendered by the jury, followed by a judgment of conviction. The defendant moved in arrest of judgment because of want of jurisdiction in the court; the motion was overruled, and from the judgment of conviction the appeal is taken.
The criminal court of Pike county, is an inferior court of record, created by statute, limited in jurisdiction to misdemeanors. — Pamph. Acts, 1888-89, pp. 631-36;
The jurisdiction of the court lies dormant, unless it is quickened into exercise by the transfer of indictments from the circuit court; or by an affidavit and warrant of arrest corresponding to that on which the original jurisdiction of the county court depends ; or by an appeal from a judgment of conviction of'a misdemeanor rendered by a justice of the peace ; these are the sources, and the only, the exclusive sources of the jurisdiction. From its character and constitution, as with all other courts or tribunals of statutory creation and limited jurisdiction, its judgment can not be supported, unless the record shows affirmatively all jurisdictional facts, and a compliance in the course of its proceedings with all statutory requirements. — 1 Bishop New Cr. Procedure, § 722. The unquestionable jurisdiction and admitted powers of such courts, or tribunals, can not be called into exercise, without pursuing the mode, or in any other than the manner prescribed by the law of their creation. — 1 Smith Lead. Cases, (8th ed.), 1107.
The proceedings in this case, were commenced by the complaint made to the justice of the peace and the war
The judgment of conviction must be reversed, .and as the offense with which the defendant is charged, has long since been barred by the statute of limitations, a judgment will be here rendered that he go hence discharged.
Reversed and rendered.