State v. McCarty
Alabama Court of Appeals
Appeal from Sumter County Court. Heard before Hon. P. J. Jarman. J. W. McCarty was charged with violating the State Live Stock Sanitary 'Board’s regulations relative to stock quarantine. A demurrer was sustained to the warrant and affidavit on constitutional grounds, and the state appeals.
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Appeal from Sumter County Court. Heard before Hon. P. J. Jarman. J. W. McCarty was charged with violating the State Live Stock Sanitary 'Board’s regulations relative to stock quarantine. A demurrer was sustained to the warrant and affidavit on constitutional grounds, and the state appeals. The Appellate Court is limited to a consideration of the constitutional questions involved. — State v. Street, 117 Ala. 203; Section 6246, Code 1907. The acts in question is not violative of any constitutional provision, nor does section 7083, Code 1907, as amended by Acts 1909, p. 248, violate any…
1Opinion of the Court
de GRAFFENRIED, J. —
In this proceeding the constitutionality of the act of the Legislature establishing a State Live Stock Sanitary Board, approved March 12, 1907 (Laws 1907, p. 413), as amended by an act approved August 6, 1907 (Acts 1907, p. 582), which now appears as sections 757 to 770 of the Code, inclusive, is presented to us for our consideration. The section of the Code under which this appeal is taken — section 6246' — limits the decision of this court to the constitutionality of the statute drawn in question, and to the consideration of that question alone. On this appeal we have…
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