State ex rel. Gaston v. Black
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. H. A. Sharpe. Proceedings by the State of Alabama on the relation of Zell . Gaston against Hugo Black as Solicitor and on the relation of Joseph R. Tate as Solicitor against William E. Fort, Judge, for mandamus and quo warranto, wherein Joseph R. Tate as Solicitor of the tenth judicial circuit makes a motion.
1Per curiam
— These three cases together present for decision'these questions:(1) Can the Legislature of this state provide two prosecuting attorneys, one for the judicial circuit and one for the county, where the circuit and county embrace the same territory — one a circuit solicitor, a constitutional officer, and the other a county solicitor, a statutory officer, but one expressly authorized by the Constitution ?(2) If so, can the Legislature make the county solicitor the chief prosecutor for the circuit and the county, in effect making the circuit solicitor an assistant to the county solicitor ?(3) If…
2Cases cited5 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- In re DorseySupreme Court of Alabama · 1838
- Diggs v. StateSupreme Court of Alabama · 1873
- Ex parte LambertSupreme Court of Alabama · 1875
- Ex parte LuskSupreme Court of Alabama · 1886
3Cited by22 opinions
- State Ex Rel. Ward v. HenrySupreme Court of Alabama · 1931
- Hudson v. KellyArizona Supreme Court · 1953
- State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933
- State Ex Rel. Becker v. Wellston Sewer DistrictSupreme Court of Missouri · 1933
- Powers v. StateWyoming Supreme Court · 2014
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