Moore v. State
Supreme Court of Alabama
Appeal from Perry Circuit Court. Tried before Hon. John Moore. The appellant was indicted for gaming by a grand jury organized at the November Term, 1879, of a court established by an aet of the General Assembly, entitled, “ An act to confer jurisdiction upon the probate judge of Perry county, concurrent with the Circuit Court, with authority to hold court at Uniontown, Alabama,” approved February 3,1879 (Pamph.
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Appeal from Perry Circuit Court. Tried before Hon. John Moore. The appellant was indicted for gaming by a grand jury organized at the November Term, 1879, of a court established by an aet of the General Assembly, entitled, “ An act to confer jurisdiction upon the probate judge of Perry county, concurrent with the Circuit Court, with authority to hold court at Uniontown, Alabama,” approved February 3,1879 (Pamph. Acts, 1878-9 p. 231). On 9th February, 1881, this act was repealed, and under the provisions of the repealing act, this cause was transferred to the Circuit Court. Pamph. Acts, 1880-1…
1Opinion of the CourtSomebyille, J.
The indictment in this case was found by a grand jury organized under the provisions of an act of the General Assembly, entitled, “ An act to confer jurisdiction upon the probate judge of Perry county, concurrent with the circuit court, with authority to hold court at Uniontown, Alabama,” approved February 13, 1879. Session Acts 1878-79 pp. 231-34. The defendant, by demurrer to the indictment, assails the legality of the grand jury on the ground of the alleged unconstitutionalitv of this act.
The constitutional authority of the legislature to establish such an “ inferior court ” within any…
2Cases cited9 opinions
- Ingram v. StateSupreme Court of Alabama · 1880
- Nugent v. StateSupreme Court of Alabama · 1850
- Connelly v. StateSupreme Court of Alabama · 1877
- Williams v. StateSupreme Court of Alabama · 1878
- Grimes v. StateSupreme Court of Alabama · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Thompson v. StateSupreme Court of Alabama · 1893
- Morgan v. StateSupreme Court of Alabama · 1889
- McCoy v. StateSupreme Court of Alabama · 1936
- Lowman v. StateSupreme Court of Alabama · 1909
14 more not listed; retrieve them via the Exa API.