Stewart v. State
Supreme Court of Alabama
Erom the Circuit Court of Wilcox. Tried before the Hon. John Moore. The juries for the week of the term of the court when defendant was tried were summoned and organized pursuant to an act approved February 18, 1893,' which is as follows: Section 1. Be it enacted by the General Assembly of Alabama, That the grand and petit juries in the county of Wilcox shall be drawn and organized as provided by articles 1 and 2 of chapter 4, title 3, part 5 of the Code, of Alabama.
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Erom the Circuit Court of Wilcox. Tried before the Hon. John Moore. The juries for the week of the term of the court when defendant was tried were summoned and organized pursuant to an act approved February 18, 1893,' which is as follows: Section 1. Be it enacted by the General Assembly of Alabama, That the grand and petit juries in the county of Wilcox shall be drawn and organized as provided by articles 1 and 2 of chapter 4, title 3, part 5 of the Code, of Alabama. Provided, that the provisions of this act shall only apply to the county of Wilcox. Soc. 2. Be it further enacted, That all…
1Per curiam
The act “To provide for the drawing and organization of grand and petit juries in the county of Wilcox,” approved Febrvary 18, 1893,—Sess. Acts, 1892-93, p. 706—is unquestionably unconstitutional. It was an attempt to revive a law without re-enacting and publishing it at length, as required by Article 4, Section 2, of the Constitution of the State of Alabama. As an attempt at legislation it was a failure. There was nothing in the objection of defendant, and it was rightly overruled.
Affirmed.
2Cited by4 opinions
- Kimball v. LoughneyWest Virginia Supreme Court · 1912
- Miller v. BerrySupreme Court of Alabama · 1893
- State v. KirkpatrickAlabama Court of Appeals · 1922
- Leonard v. LyonsSupreme Court of Alabama · 1920