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25 Ala. 69

Arnold v. State

Supreme Court of Alabama

Decided June 15, 1854

Supreme Court of Alabama · decided 1854-06-15

<p>1. The judge of the City Court of Mobile has power to take a bond conditioned that the principal obligor “ make his personal appearance before the City Court, now in session, instanter, and from day to day during the term, and from term to term thereafter, to answer the State of Alabama on a charge of an assault to murder.”</p>

Cited by 1 later decisions — most recently December 1877

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-06-15

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CHILTON, C. J. —

¶1Upon an examination of the statutes, we entertain no doubt -that the power to take the bond for the *70appearance of the appellant is conferred upon the judge of the City Court.

¶2The fourth section of the act of 1846 (Pamphlet Acts, pp. 80, 31) confers general criminal jurisdiction upon the City Court, co-extensive with the Circuit Court of Mobile, and declares that “the judge of said court, herein provided for, shall be a conservator of the peace in Mobile county, and as such, and in the exercise of the jurisdiction hereby conferred, shall, in -the recess or vacation of said court, have the same power and authority as the judges of the Circuit Courts.” The judges of the Circuit Courts had the power to take such a bond as the one in question; and we are not permitted to doubt that the clear intention of the Legislature, in the clause of the statute above quoted, was to confer a similar power upon the judge of the City Court.

¶3We deem it unnecessary to notice the other statutes referred to.

¶4Let the judgment of the City Court be affirmed.

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