Persall v. State

SIMPSON, Judge.

Chapter 2, Title 42, Code 1940, is the codification of the probation statute of Alabama, duly enacted by the legislature under the prescriptions of Amendment 38 of the State Constitution, which, among other matters, vested in the Legislature the power to enact pertinent laws authorizing “the courts having criminal jurisdiction to suspend sentence and to order probation” of persons convicted of crime (except in cases of death sentences). The usual question, therefore, of the unconstitutional encroachment upon or invasion of executive power is not here instant.

This appeal is to…