Tyler v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Prom a conviction for having possession of a pistol less than 24 inches in length, Lon Tyler appeals. The Act under which defendant was convicted violates section 62 of the Constitution of 1908. — State v. Reed, 1 Ala. 612. The court erred in sustaining the demurrers to pleas 1 and 2. — Authorities supra. Counsel discuss errors relative to evidence, but without citation of authority.
Read the full summary
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Prom a conviction for having possession of a pistol less than 24 inches in length, Lon Tyler appeals. The Act under which defendant was convicted violates section 62 of the Constitution of 1908. — State v. Reed, 1 Ala. 612. The court erred in sustaining the demurrers to pleas 1 and 2. — Authorities supra. Counsel discuss errors relative to evidence, but without citation of authority. The court did not err in overruling demurrers to the indictment. — State v. Reecl, 1 Ala. 612. An officer has no authority to carry a pistol…
1Opinion of the CourtMcCLELLAN, J.
On rehearing counsel for appellant for the first time brought to our attention and urged in brief the objection that the act approved November 23, 1907 (Gen. Acts, Sp. Sess. 1907, p. 80), to prohibit the sale or barter or having possession of small deadly weapons of a described character, was not validly enacted, for the reason that the requirements of section 62 of the Constitution of 1901 were not complied with in the passage of the. bill through the Senate. Section 62 provides: “No bill shall become a law until it shall have been referred to a standing committee of each house, acted upon…
2Cases cited1 opinion
- Walker v. City Council of MontgomerySupreme Court of Alabama · 1903
3Cited by5 opinions
- Crain v. StateSupreme Court of Alabama · 1910
- Pope v. StateSupreme Court of Alabama · 1909
- Dunn v. DeanSupreme Court of Alabama · 1916
- Gandy v. StateSupreme Court of Alabama · 1909
- State ex rel. Knox v. DillardSupreme Court of Alabama · 1916