Kavanaugh v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case was returned into court on the 16th February, 1867, and was as follows :The grand jury of said county charge, that, before the finding of this indictment, Frank Kavanaugh, having then and there been specially deputized by Augustus H. Johnson, sheriff of the county and State aforesaid, to hold in custody one Milton Malone, the said Malone being then and there charged with…
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case was returned into court on the 16th February, 1867, and was as follows :The grand jury of said county charge, that, before the finding of this indictment, Frank Kavanaugh, having then and there been specially deputized by Augustus H. Johnson, sheriff of the county and State aforesaid, to hold in custody one Milton Malone, the said Malone being then and there charged with an indictable offense, to-wit, assault with intent to murder, and having then and there the legal custody of said Milton…
1Opinion of the CourtByrd, J.
By section 689 of the Code, a sheriff is authorized to appoint “as many deputies as he thinks proper” ; and by section 116, such deputy, “ before he proceeds to act, must take the oath prescribed by the sixth section of *401the seventh article of the constitution”; but a deputy “employed in particular eases” is not required to take such oath. The section of the constitution referred to is as follows: “ All civil officers of this State, legislative, executive, and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath; ‘I solemnly…
2Cases cited2 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Nall v. StateSupreme Court of Alabama · 1859
3Cited by11 opinions
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
- Glasser v. StateCourt of Criminal Appeals of Texas · 1921
- Pentecost v. StateSupreme Court of Alabama · 1894
- Andrews v. StateSupreme Court of Alabama · 1885
- State v. DaileyNebraska Supreme Court · 2023
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