130 Ala. 129 | Ala. | 1900
This prosecution was commenced in the county court by affidavit charging defendant with violating the local liquor prohibition law in Sumter county found in Acts of 1890-91, p. 312. On his demand for a jury the cause was transferred to the circuit court where he was on verdict adjudged guilty under the third section of the act and fined as for a second offense. Certain exceptions were reserved to the rulings on evidence and other action of the court, but they are each without merit. Seemingly the charges requested by and refused to defendant, and likewise his motion for a new trial were intended to raise the question as to whether he could be legally tried in the circuit court Avithout an indictment. The amended act regulating trials of misdemeanors in the Sumter county court (see Acts, 1898-99, p. 37G) provides: “That -any person, charged AAdth a misdemeanor, excepting violation of the revenue law, either by complaint or indictment, shall be entitled to a trial by jury, but should he waive the same, the court shall make an entry thereof on the
Judgment affirmed.