In Re Upshaw

■STAKELY, Justice.

We acknowledge receipt of your inquiry as to whether the Act of the Legislature, No. 426, approved July 7, 1945, amending Title 42, Code 1940, is contrary to the Constitution of the State of Alabama and especially contrary to Section 45 thereof and Amendment 38 thereof. We understand that the foregoing has been submitted to this court pursuant to Section 98, Title 13, Code 1940. We further understand that the constitutional questions relating to the aforesaid Act have arisen under the following circumstances:

Frank Upshaw was convicted and adjudged guilty in the 'Circuit…