Ex parte Reese

Supreme Court of Alabama

Ex parte Reese

112 Ala. 63

CourtSupreme Court of Alabama

DecidedNovember 15, 1895

StatusPublished

Cited by2 cases

This text of 112 Ala. 63 (Ex parte Reese) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Reese, 112 Ala. 63 (Ala. 1895).

Pincite

Opinion

McCLELLAN, J.

The only question in this case is whether a person proceeded against by information or complaint, charging a misdemeanor, in the county court, and who there, failing to demand a trial by jury, is duly tried and convicted, is entitled to an appeal to the circuit [or city) court without giving bond as required by section 4226 of the Code. We are opinion that the section in question is clearly within legislative competency, and therefore constitutional; -and that, of consequence a compliance with its requirements is a condition precedent to the right of appeal.

The application for mandamus is denied.

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McCLELLAN, J.

The only question in this case is whether a person proceeded against by information or complaint, charging a misdemeanor, in the county court, and who there, failing to demand a trial by jury, is duly tried and convicted, is entitled to an appeal to the circuit [or city) court without giving bond as required by section 4226 of the Code. We are opinion that the section in question is clearly within legislative competency, and therefore constitutional; -and that, of consequence a compliance with its requirements is a condition precedent to the right of appeal.

The application for mandamus is denied.

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Bluebook (online)

112 Ala. 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-reese-ala-1895.

Opinion

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