In all misdemeanor cases in the circuit court, the issues and questions of fact shall be tried by the judge of the court without the intervention of a jury except in cases where a trial by jury is demanded in writing by the defendant. Such written demand shall be filed in the case with the clerk of the court on or before the first sounding of the case if the case is sounded within 30 days after the defendant has been arrested or taken into custody after the finding of the indictment or, within 30 days after the defendant has appealed if the case is brought to the circuit court by appeal; and, if such case is not sounded within 30 days after the defendant has appealed, been arrested or been taken into custody after the finding of the indictment, then such written demand must be filed with the clerk within 30 days after the defendant has appealed, or been arrested or taken into custody after the finding of the indictment. A failure to demand in writing a trial by jury as provided in this section shall be held and deemed to be a waiver by the defendant of a trial by jury.
(Acts 1915, No. 820, p. 939; Code 1923, §8598; Code 1940, T. 15, §321.)
Notes of Decisions
Coughlin v. City of Birmingham (Ala. Crim. App. 1997).
“1995), citing § 15-14-30, Ala.Code 1975. “The rule applies to state laws and municipal ordinances alike.”
Parker v. State (Ala. Crim. App. 1978).
· cites it 2× “We deem the handwritten demand for a jury trial by defense counsel to comply with § 15-14-30, Code of Ala. 1975. The trial court was therefore in error, and the appellant is thus entitled to a new trial by jury.”
Lockett v. City of Montgomery (Ala. Crim. App. 1995).
· cites it 2× “, nor § 15-14-30, Code of Alabama 1975, requires a signature in order to invoke the right, only a written demand for a trial by jury- Nonetheless, the circuit court judge’s error in not granting the appellant a trial by jury does not warrant reversal because the error was…”
Day v. City of Mobile (Ala. Crim. App. 1983).
“Section 15-14-30, Code of Alabama 1975, clearly states, “[A]ll misdemean- or cases in the circuit court .”
State v. Duboise (Ala. 1996).
· cites it 5× ““Ala.Code 1975, § 15-14-30, provides, in part: “ ‘In all misdemeanor cases in the circuit court, the issues and questions of fact shall be tried by the judge of the court without the intervention of a jury except in cases where a trial by jury is demanded in writing by the…”
Witherspoon v. City of Mobile (Ala. Crim. App. 1987).
“” Section 15-14-30, Code of Alabama 1975, states that “[i]n all misdemeanor cases in the circuit court, the issues and questions of fact shall be tried by the judge .”
Thomas v. City of Montgomery (Ala. Crim. App. 1997).
· cites it 4× “” Section 15-14-30, Code of Alabama 1975, provides, in pertinent part: “In all misdemeanor eases in the circuit court, the issues and questions of fact shall be tried by the judge of the court without intervention of a jury except in cases where a trial by jury is demanded in…”
Chandler v. State (Ala. 1981).
“The question presented by the State’s petition for certiorari is as follows: When a defendant, indicted for a misdemeanor, fails to demand a trial by jury within the time mandated by Code 1975, § 15-14-30, 1 can the trial judge conduct a bench trial and sentence the defendant…”
Chandler v. State (Ala. Crim. App. 1980).
· cites it 3× “The court erred in denying appellant’s written demand for a trial by jury even though the demand was not made in strict conformity with Section 15-14-30, 1975 Code. REVERSED AND REMANDED.”
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