Harris v. State
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant was indicted, ¡tried and 'Convicted for an assault with indent to murder, and 'sentenced to the penitentiary for two years. The facts of the case are sufficiently stated in the opinion. cited Ex'parte Pruitt, 99 Ala.-228; Brown v. State, 105 Ala. 117; State v. McFarland, 121 Ala. 47. cited Baysinger v. State, 77 Ala. 60.
1Opinion of the CourtHaralson, J.
It is not denied that- the same act may -constitute an offense both against the State and municipal corporation, and "the State and municipality *42may each punish it without violation of constitutional principle. — Cooley Const. Lim., 139; Dillon on Munic. Corp., § 368; Mayor v. Allaire, 14 Ala. 400; Craig v. Burnett, 32 Ala. 728; Ex parte Burnett, 30 Ala. 461. Of course, the authority of corporations is limited by their charter powers, and must be exercised in conformity therewith. — Ex parte Mayor of Anniston, 90 Ala. 516; 17 Amer. & Eng. Ency. Law, 236.
In the case before us, George Young,…
2Cases cited5 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Ex parte BurnettSupreme Court of Alabama · 1857
- Craig v. BurnettSupreme Court of Alabama · 1858
- Bell v. StateSupreme Court of Alabama · 1896
- Ex parte Mayor of AnnistonSupreme Court of Alabama · 1890
3Cited by10 opinions
- Bell v. StateAlabama Court of Appeals · 1917
- Ex Parte BellSupreme Court of Alabama · 1917
- Coursey v. City of AndalusiaAlabama Court of Appeals · 1931
- Black v. StateSupreme Court of Alabama · 1906
- Howell v. City of Fort PayneSupreme Court of Alabama · 1945
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