Walker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Ray. The appellant in this case, Henry Walker, was indicted and tried for murder, was convicted for murder in the first degree, and sentenced to be hanged. The facts of the case necessary to an understanding of the decision upon the present appeal are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Ray. The appellant in this case, Henry Walker, was indicted and tried for murder, was convicted for murder in the first degree, and sentenced to be hanged. The facts of the case necessary to an understanding of the decision upon the present appeal are sufficiently stated in the opinion. The Act creating the Fourteenth Judicial Circuit was a local law, and not passed as required by the Constitution.- — Holt v. Mayor and Aldermen of Birmingham, 111 Ala. 369 •,State v. Algood, 87 Term. 164. The fact that the act creating the…
1Opinion of the CourtDowdell, J.
Upon the authority of the case of The State of Alabama ex rel. The Attorney-General v. T. Scott Sayre, Judge, etc., rendered at this term of the court, opinion in MS., the Act of the Legislature, approved March 6th, 1903, creating the 14th judicial circuit to be composed of the counties of Walker and Winston, must he declared void as being violative of the Constitution in its enactment.
The Act in question, however, did not purport to create a circuit court of Walker county, for such a court al*10ready existed under the law, hut an appointment of a presiding judge for such court was provided for…
2Cases cited3 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Masterson v. MatthewsSupreme Court of Alabama · 1877
- Roberts v. StateSupreme Court of Alabama · 1899
3Cited by10 opinions
- Polytinsky v. JohnstonSupreme Court of Alabama · 1924
- State ex rel. Bockmeier v. ElyNorth Dakota Supreme Court · 1907
- In Re Opinion of the JusticesSupreme Court of Alabama · 1943
- Goulden v. StateSupreme Court of Alabama · 1974
- Ex parte WashingtonAlabama Court of Appeals · 1915
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