Moody v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. C. E. Moulton. The facts are sufficiently stated in the opinion.
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Appeal from the City Court of Mobile. Tried before Hon. C. E. Moulton. The facts are sufficiently stated in the opinion. L It is well settled, that courts will, if necessary, look behind a statute to the legislative records to ascertain whether it has a legal existence.— Jones v. Hutchinson, 43 Ala. 721. In the People v. Mahaney, (13 Mich. 481,) the court says; “ As the courts are bound judicially to take notice of what the law is, we have no doubt it is our right as well as our duty to take notice not only of the printed statute books, but also of the journals of the two houses, to enable us…
1Opinion of the CourtPeck, C. J.
At the June term of the city court of Mobile, 1872, the defendant, John Moody, was indicted under section 39 of the act entitled “An act to regulate"^ elections in the State of Alabama,” approved February 26, 1872, as the same is printed in the published book of Acts of 1871-72, p. 15, was tried and convicted, and sentenced to be imprisoned in the penitentiary for the period of two years.
The defendant appeals to this court, and by the written agreement of the State, by its solicitor, Alexander Mc-Kinstry, by whom the said indictment was preferred, and who prosecuted for the State in said…
2Cases cited1 opinion
- Jones v. HutchinsonSupreme Court of Alabama · 1869
3Cited by23 opinions
- State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956
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- Wilson v. DuncanSupreme Court of Alabama · 1896
- Ex parte WrenMississippi Supreme Court · 1886
- Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
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