Isaiah v. State

Decided June 30, 1911

Alabama Court of Appeals · decided 1911-06-30

Heard before Hon, Armstead Brown. Jacob Isaiali was convicted of carrying a concealed pistol, and he appeals. A1 constitutional question having arisen, it was referred to the Supreme Court under the statute, and in accordance with their answer upholding the constitutionality of the act, the judgment is affirmed after being corrected as to costs. See Isaiah v. The State, 58 South. 33, for the opinion on the constitutionality of the act.

Relies on Dowling v. City of Troy

Affirmed · Decided 1911-06-30

WALKEB, P. J.

¶1Following the ruling of the Supreme Court on the question submitted to it by this court as to the constitutional validity of the provision of section 2 of the act to regulate the right to carry a pistol in this state, approved August 26, 1909 (General and Local Acts Special Session 1909, p. 258), it must be held that the action of the trial court in overruling the demurrer to the indictment was correct.

¶2The court, should have sentenced for the costs at the rate of 75 cents a day, as provided by section 7635 of the Code, and not at the rate of 40 cents a day.—Dowling v. City of Troy, 1 Ala. App. 508, 56 South. 118. In this respect the judgment will be here corrected, without costs.

¶3Corrected and affirmed.