Sanders v. State
Supreme Court of Alabama
FROM the Court of Quarter Sessions of Perry. Tried before the Hon. Powhatan Lockett. The indictment in this case, which was found at the August term of said court, 1876, contained two counts; the first count charging an assault and battery by the defendant on one Lewis Massey, “using a weapon”; and the second, an assault and battery on said Massey,“ using a chain.” No demurrer, or other objection, was interposed to the indictment.
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FROM the Court of Quarter Sessions of Perry. Tried before the Hon. Powhatan Lockett. The indictment in this case, which was found at the August term of said court, 1876, contained two counts; the first count charging an assault and battery by the defendant on one Lewis Massey, “using a weapon”; and the second, an assault and battery on said Massey,“ using a chain.” No demurrer, or other objection, was interposed to the indictment. The defendant pleaded, to each count, his conviction under a former indictment for the same offense; and in support of this plea, he offered in evidence the record…
1Opinion of the Court
BRICKELL, C. J. —
It is insisted for the appellant, that the act “to establish a Court of Quarter Sessions for Perry county,” is violative of the constitution, because it confers on that court jurisdiction coextensive with that of the Circuit Court, and it is not, therefore, an inf mor court, which the general assembly has power to establish. The present constitution vests the judicial power of the State “in the senate, sitting as a court of impeachment, a supreme court, *44circuit courts, chancery courts, courts of probate, such inferior courts of lato and equity, to consist of not more than…
2Cases cited1 opinion
- Nugent v. StateSupreme Court of Alabama · 1850
3Cited by14 opinions
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- Moore v. StateSupreme Court of Alabama · 1880
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