State v. Gray

BROWN, Justice.

In response to the certified question, “Does the State of Alabama have the right to an appeal in this cause under the provisions of Title 15, § 370, Code of 1940?”, you are advised that we are not of opinion that the case as presented falls within the purview of said § 370 of the Code for the reason that the circuit court did not declare the statutes conferring on the department of conservation authority to make rules and regulations in connection with enforcement of certain statutes, unconstitutional. That question was not presented by the defendant’s motion to quash. The…