Kyser v. State

The fundamental law of this state is that no person shall be deprived of life, liberty, or property except by due process of law. Const. 1901, § 6. As stated in Smith v. State, 21 Ala. App. 70, 105 So. 397:

“It is the manifest purpose of this provision to accord to the citizen security against the arbitrary action of those in authority, and to place him under the protection of the ‘law of the land,’ which is synonymous with the expression ‘due process of law.’ ”

There is but a single question involved in this case upon appeal. Stated concretely, did the circuit court of Montgomery county, under…