Hart v. State
Supreme Court of Alabama
From the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. The bill of exceptions in this case is as follows: “ The defendant was indicted at the November term, 1860, of said circuit court, for gaming; the indictment being in the usual form.
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From the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. The bill of exceptions in this case is as follows: “ The defendant was indicted at the November term, 1860, of said circuit court, for gaming; the indictment being in the usual form. On the trial, at the present fall term, 1865, the State introduced a single witness, one W. J. Singletary, who testified, that within the twelve months before the finding of the indictment, and within said county, he saw the defendant and others play a game of cards; that the playing took place in a house formerly used as a shoe-shop, but…
1Opinion of the CourtJudge, J.
By both the Federal andState constitutions,' the legislature is prohibited from passing ex-post-facto laws; and it is well settled, that the phrase ex post facto, in these constitutions, extends to criminal, and not to civil cases. What are ex-post-facto laws, within the meaning of the prohibition ? As early as 1798, in Calder v. Bull, (3 Dallas, 386,) the supreme court of the United States, in considering whether an act of a State legislature was in violation of the prohibition against ex-post-facto laws, deemed it expedient te define fully the meaning of that provision in the constitution;…
2Cases cited5 opinions
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- Woart v. WinnickSuperior Court of New Hampshire · 1826
- Sewall v. LeeMassachusetts Supreme Judicial Court · 1812
- Commonwealth ex rel. United States v. LewisSupreme Court of Pennsylvania · 1814
3Cited by9 opinions
- State v. GrantSupreme Court of Missouri · 1883
- Goode v. StateSupreme Court of Florida · 1905
- Rogers v. StateAlabama Court of Appeals · 1919
- Plachy v. StateCourt of Criminal Appeals of Texas · 1922
- Turley v. StateCourt of Criminal Appeals of Alabama · 1978
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