Ligan v. State
Tennessee Supreme Court
FROM CARROLL. In tbe Circuit Court, May Term, 1871, Isaac R. Hawkins, Special J., presiding. The defendant was convicted for feloniously prowling and travelling in disguise, &c. among other points, insisted that the Act of 1870, c. 78, s. 1, Sess. A., p. 125, is unconstitutional.
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FROM CARROLL. In tbe Circuit Court, May Term, 1871, Isaac R. Hawkins, Special J., presiding. The defendant was convicted for feloniously prowling and travelling in disguise, &c. among other points, insisted that the Act of 1870, c. 78, s. 1, Sess. A., p. 125, is unconstitutional. That the Const., Art. 6, s. 11, provides for an appointment, the Act of 1870 for an election, in which the privilege of the ballot is restricted to a favored few, a departure from the principle of universal suffrage embodied in the Constitution. That Judges must be commissioned. insisted; That the Constitution is to…
1Opinion of the CourtFeeemaN, J.
After disposing of several questions, he said: The question whether the judge who tried this case was authorized to act as such, is presented for decision, and as there have been a number of such appointments as this, by an election by members of the Bar, and doubt is entertained as to the validity of such elections or appointments, it is proper to examine the provisions of the Constitution on this subject, and construe them, that the question may be settled.
It appears from the record in this case, that, on the first day of the term, Hon. James I). Porter, the judge of the circuit, being…
2Cited by4 opinions
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