Legal Opinion

Ex parte Reese

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 2 opinions

The legislature did not have the right to pass a criminal law which based the defendant’s right to appeal upon his financial ability to make bond; and if such construction is to be placed upon section 4226 of the Criminal Code, then said section is unconstitutional. — Reeves v. State, 96 Ala., 37 ; Sullivan v. Adapts, 3 Gray, 477; State v. Everett, 14 Minn. 332 ; Jones v. Robbins, 8 Gray, 341.

1Opinion of the CourtMcCLELLAN, J.

The only question in this case is whether a person proceeded against by information or complaint, charging a misdemeanor, in the county court, and who there, failing to demand a trial by jury, is duly tried and convicted, is entitled to an appeal to the circuit [or city) court without giving bond as required by section 4226 of the Code. We are opinion that the section in question is clearly within legislative competency, and therefore constitutional; -and that, of consequence a compliance with its requirements is a condition precedent to the right of appeal.

The application for mandamus is…

2Cited by2 opinions

  1. Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
  2. Puryear v. State Ex Rel. WadeAlabama Court of Appeals · 1917

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