Legal Opinion

Giles v. State

Supreme Court of Alabama

Decided January 15, 1875PublishedCited by 2 opinions

Appeal from Marengo Circuit Court. Tried before Hon. Luther R. Smith. The appellant, Alfred Giles, was indicted and convicted for the wilful failure to appear and answer a criminal charge, after being released “ on his own recognizance, without security.”

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Appeal from Marengo Circuit Court. Tried before Hon. Luther R. Smith. The appellant, Alfred Giles, was indicted and convicted for the wilful failure to appear and answer a criminal charge, after being released “ on his own recognizance, without security.” The indictment, omitting the caption, &c., charges, that before the finding thereof, the defendant was arrested by one Moanier, a duly qualified marshal, by appointment of a named notary public, on a warrant issued by said notary public charging said defendant with petit larceny; that he was discharged, at tbe time tbe arrest was made, by…

1Opinion of the CourtJudge, J.

The validity of the act under which the indictment was found is assailed, on the ground that it is obnoxious to the second section of the fourth article of our state Constitution, which declares that “ Each law shall contain but one subject, which shall be clearly expressed in its title.” This position is untenable. The title of the act is “ To regulate the confinement and discharge of persons charged with misdemeanors.” The subject named in its title is sufficiently comprehensive to authorize all the provisions of the act. Ex parte Pollard, 40 Ala. 77.

The indictment was demurred to, and the…

2Cases cited2 opinions

  1. Ex parte PollardSupreme Court of Alabama · 1866
  2. Clark v. StateSupreme Court of Alabama · 1851

3Cited by2 opinions

  1. McDonald v. StateSupreme Court of Alabama · 1897
  2. Chappell v. StateAlabama Court of Appeals · 1924

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