State v. Hewlett
Supreme Court of Alabama
Appeal from Police Court of Birmingham. Tried before Hon. N. B. Feagin. Tilomas G. Hewlett and others Avere arrested on warrant issued out of the police cóurt of Birmingham founded on affidavit charging them with violation .of the. statute against “book-making or pool-selling on horse racing.7’ The defendants demurred to the affidavit; and the demurrer Avas sustained on the ground that the said statute Avas unconstitutional.
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Appeal from Police Court of Birmingham. Tried before Hon. N. B. Feagin. Tilomas G. Hewlett and others Avere arrested on warrant issued out of the police cóurt of Birmingham founded on affidavit charging them with violation .of the. statute against “book-making or pool-selling on horse racing.7’ The defendants demurred to the affidavit; and the demurrer Avas sustained on the ground that the said statute Avas unconstitutional. From the judgment on the demurrer the State appealed.
1Opinion of the CourtSharpe, J.
— In the Police Court of Birmingham the defendants were charged with a misdemeanor upon the affidavit of a citizen. The minute entry of the court, and the-hill of exceptions state that upon the trial, the court sustained a demurrer to the affidavit and Avarrant and dismissed the ease for the reason that the act under which the charge was preferred was held unconstitutional. The case appears in this court as upon an appeal taken in behalf of the State and defendants here move to dismiss the appeal.
Prior to the act of December 8, 1880, the right of appeal in criminal cases was given alone to…
2Cases cited4 opinions
- Simpson v. StateSupreme Court of Alabama · 1895
- State v. KelmSupreme Court of Missouri · 1883
- Tatum v. StateSupreme Court of Alabama · 1880
- Ex parte PearsonSupreme Court of Alabama · 1884
3Cited by12 opinions
- State v. PoweAlabama Court of Appeals · 1939
- State v. BibbyCourt of Criminal Appeals of Alabama · 1971
- State v. GautneyCourt of Criminal Appeals of Alabama · 1977
- Christopher v. StewartSupreme Court of Alabama · 1901
- State v. MartinAlabama Court of Appeals · 1942
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