Lower v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Ernest Lower ivas convicted of carrying concealed weapons and he appeals. The act creating the Birmingham Court of common pleas was a local act, and did not have the notice by publication as required by section, 106, Constitution 1901. — Flood v. Kemoin, 113 Wis. ■ 673; Lyon v: Hunt, 11 Ala. 295; City ■of Ensley v. Simpson, 166 Ala. 366; State ex rel.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Ernest Lower ivas convicted of carrying concealed weapons and he appeals. The act creating the Birmingham Court of common pleas was a local act, and did not have the notice by publication as required by section, 106, Constitution 1901. — Flood v. Kemoin, 113 Wis. ■ 673; Lyon v: Hunt, 11 Ala. 295; City ■of Ensley v. Simpson, 166 Ala. 366; State ex rel. Robinson v. McQough, 118 Ala. 159; State v. Cherry County, 58 Neb. 734; Bunts v. Reed, 16 Barb. 346; Richa/rdson v. Bates, 23 How. Pr. 516; Wilson v. N. W. M. L. I. Go., 12 C.…
1Opinion of the CourtWalker, P. J.
It is contended in behalf of the appellant that the act of the Legislature purporting to establish the Birmingham court of common pleas (Loc. Acts Ala. 1911, p. 371) is unconstitutional because of a failure, to give the notice of intention to apply therefor, as required by section 106 of the Constitution; and that, therefore, the charge upon which the appellant was tried, which was sworn to before H. B. Abernathy, as the judge of that court, -was without legal validity, and was subject to the demurrer to it suggesting that objection. The specific ground of the objection urged is that the…
2Cases cited4 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Moog v. RandolphSupreme Court of Alabama · 1884
- Olcott v. . RobinsonNew York Court of Appeals · 1860
- Ex parte BlackSupreme Court of Alabama · 1905
3Cited by3 opinions
- Carnley v. MooreSupreme Court of Alabama · 1928
- Norton v. Mobile CountySupreme Court of Alabama · 1990
- In Re Opinions of the JusticesSupreme Court of Alabama · 1939