Legal Opinion

Mosely v. State

Alabama Court of Appeals

Decided May 18, 1911PublishedCited by 6 opinions

Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Heustis Moseley was convicted of an assault with intent to murder, and appeals. Counsel discusses the Juvenile Delinquent Act for Mobile county, and the constitutionality of the act, as bearing- on the question at issue, but without citation of authority.

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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Heustis Moseley was convicted of an assault with intent to murder, and appeals. Counsel discusses the Juvenile Delinquent Act for Mobile county, and the constitutionality of the act, as bearing- on the question at issue, but without citation of authority. The certificate of appeal is not sufficient to authorize the court to review the matters contained in the alleged transcript. — Sections 6245, 6246 and 6255, Code 1907; Eos parte Rutledge, 118 Ala. 651; Hurd v. City of Troy, 54 So. 495.

1Opinion of the CourtDe Graffenbied, J.

The indictment in this case contains two counts, in one of which the defendant is charged with assault with intent to murder, and in the other with assault with intent to rape. He was tried and convicted, and sentenced to imprisonment for 20 years in the penitentiary. The defendant appeals.

The hill of exceptions contains the following statement : “On the day set for trial and when the case was called for trial, the defendant, through his attorneys, made a motion to the court that the indictment be quashed on the grounds that the defendant was below the age of 16 years and that under a special…

2Cases cited4 opinions

  1. Nixon v. StateSupreme Court of Alabama · 1881
  2. State v. JonesSupreme Court of Alabama · 1843
  3. Johnson v. StateSupreme Court of Alabama · 1901
  4. Bryant v. StateSupreme Court of Alabama · 1885

3Cited by6 opinions

  1. Haynes v. StateAlabama Court of Appeals · 1958
  2. White v. City of BirminghamAlabama Court of Appeals · 1960
  3. Clark v. StateAlabama Court of Appeals · 1916
  4. Smith v. StateAlabama Court of Appeals · 1916
  5. Canto v. StateAlabama Court of Appeals · 1916

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