50 Ala. 6 | Ala. | 1873
The county is a corporation created by law, and the duties imposed upon it are such as the law expressly requires it to perform, or such as are incidental to its very existence. Covington County v. Kinney, 45 Ala. 176, 182; Rev. Code, § 897. Then, it may be asked, in view of the question suggested in this suit, is there any express statute, making it the duty of a county, in which a criminal prosecution is instituted or conducted, against parties charged with public offences, to furnish the parties so charged with counsel to defend them on the trial of such charges, when the accused may be unable to employ counsel ? This is not pretended; because such a statute is nowhere to be found, at least as applicable to the county of Mobile, since the repeal of the act entitled “ An act to appoint counsel in certain cases,” approved December 30, 1868. Pamph. Acts 1868, p. 490, Act No. 144; Pamph. Acts 1870, 1871, p. 44, Act No. 47. No such act has been brought to the notice of the court by the learned counsel for the appellants. Then, it may be presumed that no such special statute exists. Quod non apparet, non est. Then, we inquire, in the second place, is it a duty necessary for the existence of the county as a corporation ? Most certainly not. But it is contended by the appellants, that the accused, in all criminal prosecutions, is clothed by the fundamental law with “ a right to be heard by himself or counsel, or either.” Const. Ala. 1868, Art. 1, § 8. This is very true; but the State does
The judgment of the court below is, therefore, affirmed.