Prater v. State

Alabama Court of Appeals

Prater v. State

112 So. 924, 22 Ala. App. 687

CourtAlabama Court of Appeals

DecidedApril 19, 1927

Docket7 Div. 327.

StatusPublished

This text of 112 So. 924 (Prater v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prater v. State, 112 So. 924, 22 Ala. App. 687 (Ala. Ct. App. 1927).

Pincite

Opinion

BRICKEN, P. J.

By express terms of the statute a party aggrieved, or desiring to bring a charge of misdemeanor before the county court, may apply to the judge thereof, or to some justice of the peace of the county, for a warrant of arrest, etc. Code 1923, § 3815. By this statutory provision the justice of the peace, who issued the original warrant of arrest in this case, had the authority to make said warrant returnable to the county court. The charge, as it appears in this record, is for an assault, and of this offense the county court had jurisdiction. The motion, therefore, to quash in the circuit court was without merit, and was properly overruled. The appeal here is rested upon the record proper, there being no bill of exceptions. We discover no error upon the record, and the judgment of conviction in the circuit court, from which this appeal is taken, will stand affirmed. Affirmed.

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BRICKEN, P. J.

By express terms of the statute a party aggrieved, or desiring to bring a charge of misdemeanor before the county court, may apply to the judge thereof, or to some justice of the peace of the county, for a warrant of arrest, etc. Code 1923, § 3815. By this statutory provision the justice of the peace, who issued the original warrant of arrest in this case, had the authority to make said warrant returnable to the county court. The charge, as it appears in this record, is for an assault, and of this offense the county court had jurisdiction. The motion, therefore, to quash in the circuit court was without merit, and was properly overruled. The appeal here is rested upon the record proper, there being no bill of exceptions. We discover no error upon the record, and the judgment of conviction in the circuit court, from which this appeal is taken, will stand affirmed. Affirmed.

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Bluebook (online)

112 So. 924, 22 Ala. App. 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prater-v-state-alactapp-1927.