Legal Opinion

State v. Bauerman

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 2 opinions

Appeal from the Circuit Court of Escambia. The record does not show the name of the presiding judge. The indictment in this case was found at the March term of said court, 1881, and charged that the defendant, Joseph Bauer-man, “ an immigrant, and a citizen of North Carolina, who had contracted with William M. Carney, in said State of North Carolina, to serve him as a laborer, for twelve months, in the State of Alabama, at and for a compensation of twenty-five dollars per…

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Appeal from the Circuit Court of Escambia. The record does not show the name of the presiding judge. The indictment in this case was found at the March term of said court, 1881, and charged that the defendant, Joseph Bauer-man, “ an immigrant, and a citizen of North Carolina, who had contracted with William M. Carney, in said State of North Carolina, to serve him as a laborer, for twelve months, in the State of Alabama, at and for a compensation of twenty-five dollars per month, and having obtained from said Carney his passage-money to this State, and other advances, to the aggregate amount…

1Opinion of the CourtSomerville, J.

The present appeal is taken by the State, from the judgment of the Circuit Court, sustaining a demurrer to an indictment in a criminal case. •

Such an appeal is authorized, in certain cases, under a late statute, entitled “ An act to secure the right of appeal to the State in criminal cases, when the act of the General Assembly, under which the indictment is found, is held to be unconstitutional;” which was approved December 8th, 1880. — Acts 1880-81, p. 65. This act provides, that “ the constitutionality of a statute, under which an indictment is found, can only be raised by demurrer to the…

2Cited by2 opinions

  1. Lee v. StateSupreme Court of Alabama · 1883
  2. State v. AgeeSupreme Court of Alabama · 1887

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