Carr v. State
Supreme Court of Alabama
Appeal from the District Court of Colbert. Tried before the Hon. W. P. Chitwood. The facts of the case are sufficiently stated in the opinion. — The statute, for the violation of which the appellant was indicted and tried, provides imprisonment for debt as a punishment for crime, and is, therefore, unconstitutional. — Ex parte Hardy, 68 Ala. 303; 10 Amer. & Eng. Encyc. of Law, 212. cited Carr v. State, 101 Ala. 4; Carr v. State, 104 Ala, 43.
1Opinion of the CourtMcCLELLAN, J.
— The defendant, Hinton E. Carr, is charged, in one count as the president, and in another as a member, of a banking firm, with receiving from Robert T. Abernathy for deposit three hundred and fifty-five dollars, knowing at the time, or having good cause to believe, that said firm was in a failing or insolvent. condition. The indictment is drawn under an act “to prevent banks, bankers, firms, corporations, or other persons from receiving deposits of bank notes, specie money or other thing of value, when in a failing or insolvent condition,” approved December 12, 1892, which is in the…
2Cases cited2 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- State v. Paint Rock Coal, Etc., Co.Tennessee Supreme Court · 1892
3Cited by23 opinions
- People v. HolderCalifornia Court of Appeal · 1921
- Piggly Wiggly No. 208, Inc. v. DuttonSupreme Court of Alabama · 1992
- Tolbert v. StateSupreme Court of Alabama · 1975
- Bronson v. SyversonWashington Supreme Court · 1915
- Bailey v. StateSupreme Court of Alabama · 1909
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