Adcock v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before the Hon. John Pelham. The appellant in this case was indicted, tried and convicted of public drunkenness.
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Appeal from the Circuit Court of Clay. Tried before the Hon. John Pelham. The appellant in this case was indicted, tried and convicted of public drunkenness. The indictment under which the conviction was had was preferred by a grand jury organized by the circuit court of Clay County at the spring term of said court in 1904. The only question presented by the record is whether the acts “To establish a county court for the county of Clay,” (Local Acts 1898-9, p. 176) and “to further regulate the practice and procedure of the circuit court of Clay county, Alabama,” (Local Acts 1898-9, p. 196)…
1Opinion of the CourtMcClellan, C. J.
In this case, the court holds that the provisions of the act of December 13, 1898, “To further regulate the practice and procedure of the circuit court of Clay county,” whereby it was intended to deprive that court of jurisdiction to try indictments thereafter returned into that court and to deprive that court of a grand jury except when the same should be ordered by the judge of the court prior to the convention of the court, were violative of section 5 of article 6 of the Constitution of 1875, (Const. 1901, §143) and are, therefore, imperative. It follows that the indictment in this case…
2Cited by6 opinions
- Ex parte O'NealSupreme Court of Alabama · 1908
- Ex parte State ex rel. WoodSupreme Court of Alabama · 1907
- State v. FullerSupreme Court of Alabama · 1906
- Rochell v. City of FlorenceSupreme Court of Alabama · 1938
- Gaines v. StateSupreme Court of Alabama · 1926
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