John v. State
Supreme Court of Alabama
Certiorari to a special court for the trial of a Slave. AT a previous clay of this term, the counsel for the prisoner, presented a copy of the proceedings of a special court held in Lowndes county under the provisions of the act of 7th January, 1832, [Aikin’s Digest 124] by which it appears that the prisoner had been convicted of t.he crime of murder and received sentence of death.
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Certiorari to a special court for the trial of a Slave. AT a previous clay of this term, the counsel for the prisoner, presented a copy of the proceedings of a special court held in Lowndes county under the provisions of the act of 7th January, 1832, [Aikin’s Digest 124] by which it appears that the prisoner had been convicted of t.he crime of murder and received sentence of death. A certiorari to remove the conviction into this court was prayed for and allowed, and on the return of the writ, errors were assigned, which need not be recited as no judgment is given on them.
1Opinion of the CourtGoldthwaite, J.
— 1. When this certiorari was allow*96ed, it was supposed that this court had exercised jurisdiction of cases analogous to the one under consideration at some previous term. On examination we ascertain that no decision, bearing on the question of jurisdiction arising in this case, has ever been made by this court ; and we are satisfied that the Circuit Court,alone, has the jurisdiction to review the proceedings of inferior criminal Courts on certiorari.
By referring to the 3d section of the act of 1819, [Aikin^s Digest 243,] it will be perceived that the Circuit Courts are invested with…
2Cited by10 opinions
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Fore v. ForeSupreme Court of Alabama · 1870
- Atchison, T. & S. F. Ry. Co. v. State Corp. CommissionNew Mexico Supreme Court · 1939
- Neuman v. StateWisconsin Supreme Court · 1890
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