Stewart v. State

Decided November 15, 1893

Supreme Court of Alabama · decided 1893-11-15

Erom the Circuit Court of Wilcox. Tried before the Hon. John Moore. The juries for the week of the term of the court when defendant was tried were summoned and organized pursuant to an act approved February 18, 1893,' which is as follows: Section 1. Be it enacted by the General Assembly of Alabama, That the grand and petit juries in the county of Wilcox shall be drawn and organized as provided by articles 1 and 2 of chapter 4, title 3, part 5 of the Code, of Alabama.

Good law ✅— No negative treatment on recordhow we know

Decided 1893-11-15

How this case has been cited

Cited by 4 later decisions — most recently October 1922

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The act “To provide for the drawing and organization of grand and petit juries in the county of Wilcox,” approved Febrvary 18, 1893,—Sess. Acts, 1892-93, p. 706—is unquestionably unconstitutional. It was an attempt to revive a law without re-enacting and publishing it at length, as required by Article 4, Section 2, of the Constitution of the State of Alabama. As an attempt at legislation it was a failure. There was nothing in the objection of defendant, and it was rightly overruled.

¶2Affirmed.