Howard v. State

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Tried before the Hon. J. C. Wood. iThe appellant was indicted, tried and convicted for gaming. When his ease was called, for trial the defendant objected to being put to his trial, on the ground that the act “to confer additional jurisdiction upon the county court of Lowndes eoimty and to regulate the proceedings therein,” under which act 'the court was proceeding-in the trial of his case, was unconstitutional, on the following grounds: 1.

Decided 1900-11-15

McCLELLAN, C. J.

¶1As we read section 9 of the act of February 8, 1899, “To confer additional jurisdiction upon the county court of Lowndes county, and to regulate proceedings tlimein” (Acts, 1898-9, pp. 731-5), it involves no deprivat.on or denial of a jury trial. We construe that section to provide simply and only for the giving of bail by defendants who demand a trial by jury for their appearance at the jury terms of the county court, and in no sense to malee the giving of appearance bonds a condition precedent in any case to having a trial by jury. If a defendant demands a jury but is unable fo give bail for his appearance at the ensuing-jury term he stands, committed, but is none the less entitled to be tried by a jury in accordance with liis. demand when such jury term is held.

¶2Affirmed.