Moore v. State
Supreme Court of Alabama
From the Criminal Court of Mobile. Tried before the Hon. John E. Jones, Judge. 1. The Criminal Court of Mobile has no jurisdiction of the offence charged in the indictment. The grant of jurisdiction in the 98th section of the revenue act to the Circmt Court, is by legal construction an exclusion of the Criminal Court. 2. The question of jurisdiction arises upon the record, without plea. Wyatt v. Judge, 7 Porter, 37; Merrill v. Jones, 8 ib. 554; Bell v. Tomb. ft.
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From the Criminal Court of Mobile. Tried before the Hon. John E. Jones, Judge. 1. The Criminal Court of Mobile has no jurisdiction of the offence charged in the indictment. The grant of jurisdiction in the 98th section of the revenue act to the Circmt Court, is by legal construction an exclusion of the Criminal Court. 2. The question of jurisdiction arises upon the record, without plea. Wyatt v. Judge, 7 Porter, 37; Merrill v. Jones, 8 ib. 554; Bell v. Tomb. ft. R. Co. 4 Smedes & M. 549; Leigh v. Mason, 1 Scam. 249. 3. By the 98th section of the revenue law of 1848, p. 32, it is enacted that…
1Opinion of the CourtChilton, J.
This case comes before us upon points reserved as novel and difficult by the Criminal Court of Mobile. The counsel for the plaintiff in error insists that the *413Criminal Court has no jurisdiction of the matter of the indictment, and that as consent cannot confer jurisdiction, the point may be faised for the first lime in this court. However correct this may be, had the case been brought before us by writ of error, it is well settled we cannot go beyond the questions presented by the reference and consider other points not ém-b'ráeed by it in the absence of a writ of érror. The State v. Shelton,…
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