55 Ala. 42 | Ala. | 1876
It is insisted for the appellant, that the act “to establish a Court of Quarter Sessions for Perry county,” is violative of the constitution, because it confers on that court jurisdiction coextensive with that of the Circuit Court, and it is not, therefore, an inf mor court, which the general assembly has power to establish. The present constitution vests the judicial power of the State “in the senate, sitting as a court of impeachment, a supreme court,
The constitution of 1819 declared, that the judicial power of the State should be vested in “ one supreme court, circuit courts, and such inferior courts of law and equity as the general assembly may from time to time establish.” The senate was .clothed with exclusive jurisdiction of impeachments. The jurisdiction of the Supreme and Circuit Courts was defined substantially as in the present constitution, except the jurisdiction of impeachments, now conferred on these courts. In the distribution of the judicial power of the State, that constitution contemplated the establishment by the general assembly of courts of chancery, having, so far as was suitable to our institutions and jurisprudence, the jurisdiction pertaining to such courts in the older States, and in England. The general assembly, as in the present constitution, was authorized to establish in each county courts of probate, having the jurisdiction expressed in the present constitution. Long prior to the formation of the present constitution, these courts had been established, their jurisdiction defined, and from time to time enlarged or diminished by legislation. It is to these courts, as established and existing, the present constitution refers in its distribution of the judicial power; while their establishment, and distribution to them of judicial power, was contemplated and authorized by the constitution of 1819. This reference in the present constitution to existing courts, which the constitution of 1819 intended should be established, does not authorize the supposition that it was intended to enlarge or narrow the power, conferred by both constitutions on the general assembly, to establish inferior courts of law and equity.
In Nugent v. State, 18 Ala. 521, it was declared, that an inferior court, which the general assembly had power to establish, was not an inferior court, as that term was often used at common law — a court, the judgments or decrees of which, standing alone, unsupported by the recital in its
The maltreatment, charged in tbe former indictment, necessarily involved an assault and battery — the infliction of unlawful violence on the person of the convict. It is, equally with an assault and battery, a misdemeanor; and tbe only difference in punishment is, that thq fine for it can not be less than fifty dollars, while for an assault and battery tbe fine may be less, if tbe jury so determine. Tfre-fine for neither can exceed five hundred dollars, and each may be visited with imprisonment, or bard labor for the county, for a term not exceeding six months. The statute authorizes a conviction for any offense, whether felony or misdemeanor, which is included in the charge stated in tbe indictment.— R. 0. § 4199. Applying tbe test, which generally determines tbe sufficiency of the plea of autrefois convict,. or autrefois acquit — whether tbe facts alleged in tbe second indictment, if proved, would have warranted a conviction on tbe first indictment — the evidence sustained the plea, and tbe court erred in overruling it. The defendant has been convicted on evidence of the same transaction, on which the present indictment was founded, and punished for the offense it involves, which the law punishes with the greater severity. A second trial is an invasion of constitutional guaranty, and of common-law principle.
Let tbe judgment be reversed: and this court, rendering the judgment the court below ought to have rendered, doth order and adjudge, that tbe pleas of former conviction be, and they are sustained, and that the defendant be, and be is discharged from all further prosecution on this indictment.