Murphy v. State
Alabama Court of Appeals
Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Alex Murphy was convicted of manslaughter in the first degree and he appeals.
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Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Alex Murphy was convicted of manslaughter in the first degree and he appeals. The act creating the county court was violative of the Constitution, section 143, in that it deprived the circuit court of its jurisdiction to try criminal cases.—Adcock v. The State, 142 Ala. 30; Ex parte O’Neal, 45 South. 713; State ex rel. v. Fuller, 41 South. 990. The effect of its provisions is to change from court to court without the consent of the court, and without the consent of the defendant, which renders it inoperative and void.…
1Opinion of the CourtPelham, J.
The appellant was indicted at the fall term, 1910, of the circuit court of Monroe county, and under the provisions of section 10 of the act creating the Monroe county law and equity court (Loc. Acts 1911, p. 102) the case was transferred to the law and equity court, where, upon a trial being had on an indictment charging murder in the second degree, a conviction was had of manslaughter in the first degree, and it is from this judgment of conviction the appeal in this case is prosecuted on the record without a bill of exceptions.
It is the appellant’s contention that the provisions of section…
2Cases cited5 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Lee v. StateSupreme Court of Alabama · 1904
- Adcock v. StateSupreme Court of Alabama · 1904
- Dudley v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1903
- Williams v. StateSupreme Court of Alabama · 1911
3Cited by3 opinions
- State of Florida v. SullivanSupreme Court of Florida · 1928
- Orlando Orange Groves Co. v. HaleSupreme Court of Florida · 1932
- Morris v. McElroyAlabama Court of Appeals · 1929