Supreme Court of Alabama, 1895

Ex parte Reese

Ex parte Reese
Supreme Court of Alabama · Decided November 15, 1895 · McClellan
112 Ala. 63
Ex parte Reese

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

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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