State v. Click
Supreme Court of Alabama
This cause comes here on questions referred as novel and difficult, by the Circuit Court of Jefferson. The defendant was indicted in the words and figures following : “ The State of Alabama — In the Circuit Court, at April Term, A. D., 1839 — Jefferson County, to wit: The grand jurors for the said State, upon their oath, present, that Mathew M. Click, late of the county aforesaid, on the first day of April, in the year of our Lord, eighteen hundred and thirty-nine, with…
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This cause comes here on questions referred as novel and difficult, by the Circuit Court of Jefferson. The defendant was indicted in the words and figures following : “ The State of Alabama — In the Circuit Court, at April Term, A. D., 1839 — Jefferson County, to wit: The grand jurors for the said State, upon their oath, present, that Mathew M. Click, late of the county aforesaid, on the first day of April, in the year of our Lord, eighteen hundred and thirty-nine, with force and arms, in the county aforesaid, did carry, concealed about his person, fire arms, to wit, a pistol; contrary to the…
1Opinion of the CourtCollier, C. J.
— The questions of law referred to this Court, are—
1st. Is the indictment on which the defendant was tried, drawn in conformity to the statute, which prescribes the of-fence charged ?
*282d. Was it essential to the operation of the statute under which the defendant was indicted, that it should have been published in the manner it directs ?
3d. When does a statute take effect, where no particular time is expressed ?
1. In the State v. Duncan, [9 Porter’s Rep. 260.] it is said, “ where a statute is introductive of a new offence, and prescribes its constituents, without reference to anything else — in…
2Cited by22 opinions
- Biggs v. McBrideOregon Supreme Court · 1889
- Gayden v. StateAlabama Court of Appeals · 1954
- Clark v. StateSupreme Court of Alabama · 1851
- Danner v. StateSupreme Court of Alabama · 1875
- Turnipseed v. StateSupreme Court of Alabama · 1844
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