Legal Opinion

Nugent v. State

Supreme Court of Alabama

Decided June 15, 1851PublishedCited by 14 opinions

E'feROR to the City Court of Mobile. Tried before the Hon. Alexander McKinstry. 1. The Criminal Court' of Mobile County cannot at an adjourned term originate an indictment against a prisoner under its original charter. — Acts 1846 ; 5 Mass. 435 ; Clay’s Dig¡ 202, § 20-1; 6 Wheat. 106-. 2. The Circuit Court had no authority, under the statutes of this State, to hold a special term for the finding of indict-njents, and trial of prisoners, without their consent as shown by an…

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E'feROR to the City Court of Mobile. Tried before the Hon. Alexander McKinstry. 1. The Criminal Court' of Mobile County cannot at an adjourned term originate an indictment against a prisoner under its original charter. — Acts 1846 ; 5 Mass. 435 ; Clay’s Dig¡ 202, § 20-1; 6 Wheat. 106-. 2. The Circuit Court had no authority, under the statutes of this State, to hold a special term for the finding of indict-njents, and trial of prisoners, without their consent as shown by an application to the judge on their behalf. — Clay’s Dig. 293, § 24, 26; ib. 454, § 26; 2 Pike’s Ark, R. 251. 3. The grand…

1Opinion of the CourtColeman, J.

The prisoner was convicted' of the offence in this case at a special term of the City Court of Mobile. The bill of indictment was found by a grand jury organized at, said term, and the question arises whether the court had the power to originate a criminal proceeding at said special term 1

After a careful examination of all the statutes on the subject, we are satisfied that the court rightfully exercised jurisdiction in the matter.

By. the third section of the act to establish a Criminal Court in the city of Mobile, it is enacted “ that said court shall hold three terms in each year, commencing…

2Cases cited1 opinion

  1. State v. PileSupreme Court of Alabama · 1843

3Cited by14 opinions

  1. Bales v. StateSupreme Court of Alabama · 1879
  2. Parks v. StateAlabama Court of Appeals · 1925
  3. Lowery v. StateSupreme Court of Alabama · 1893
  4. Wilson v. StateSupreme Court of Alabama · 1875
  5. Boulo v. StateSupreme Court of Alabama · 1874

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