Lee v. State
Supreme Court of Alabama
Appeal from the Jefferson Criminal Court. Tried before Hon. D. A. Greene. The appellant, R. E. Lee, was charged by warrant sworn out before a justice of the peace of Beat Thirty-seven of Jefferson county, with the offense of unlawfully presenting a pistol at another. This warrant was made returnable before the Criminal Court of Jefferson County.
Read the full summary
Appeal from the Jefferson Criminal Court. Tried before Hon. D. A. Greene. The appellant, R. E. Lee, was charged by warrant sworn out before a justice of the peace of Beat Thirty-seven of Jefferson county, with the offense of unlawfully presenting a pistol at another. This warrant was made returnable before the Criminal Court of Jefferson County. The defendant filed a plea to the jurisdiction of the court, setting up that, under the provisions of an act of the Legislature, (Acts 1894-5, p. 498), the warrant was properly made so returnable, and that the court was without jurisdiction to try the…
1Opinion of the CourtTyson, J.
The ruling of the lower court, in sustaining the demurrer to the defendant’s plea, presents for review the constitutionality of the act entitled “An Act. to limit the criminal jurisdiction of justices of the peace and notaries public with the powers of justices of the peace in precincts twenty-one (21) and thirty-seven (37) in Jefferson county, and in all the wards of the city of Birmingham,” approved February 9th, 1895. — Acts 1894-5 p. 498.
The constitutional objection first urged to the act is that it violated that provision of the Constitution of 1875, requiring that “Each law shall…
2Cases cited2 opinions
- City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
- Danzey v. StateSupreme Court of Alabama · 1880
3Cited by12 opinions
- Kyser v. StateAlabama Court of Appeals · 1928
- Pepper v. HornSupreme Court of Alabama · 1916
- State Ex Rel. Harrington v. RandleSupreme Court of Alabama · 1948
- Red v. StateSupreme Court of Alabama · 1910
- Collins v. StateSupreme Court of Alabama · 1928
7 more not listed; retrieve them via the Exa API.