Opinion

Cassell v. State

  • 55 Ala. App. 502
  • 317 So. 2d 348
  • 1975 Ala. Crim. App. LEXIS 1505
Court
Court of Criminal Appeals of Alabama
Filed
Jul 29, 1975
Status
Published
Author
Cates
On the bench
Bookout, Cates, DeCARLO, Harris, Tyson
Cited by
24 cases
Authority
More cited than 8.0%

The opinion

CATES, Presiding Judge

(dissenting).

I do not think that under our constitution the Legislature may pass, Pilate-like, its power to define a crime to an executive officer or body. 1 State v. Vaughan, 30 Ala.App. 201 , 4 So.2d 5 . The Public Service Commission is a legislative arm empowered to make only findings of fact within the scope of a formula laid down by the Legislature. Ala.Digest, Constitutional Law, Key No. 60.

This case does not show a minor rule or regulation to fill an interstitial gap in a statute. See Parke v. Bradley, 204 Ala. 455 , 86 So. 28 . Delegation of the power to define crime would be the beginning of despotism.

. Our current session is about to make legal a 55 mile per hour speed limit. See Brown, 32 Ala.App. 246 , 24 So.2d 450 . The need of such a statute is an implied admission of a lack of law beforehand.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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