# Cassell v. State

> Court of Criminal Appeals of Alabama · July 29, 1975 · 55 Ala. App. 502

URL: https://www.frixlaw.com/law-library/cases/9672529

## Case

- **Full name:** Wayne CASSELL, Alias v. STATE
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** July 29, 1975
- **Citations:** 55 Ala. App. 502; 317 So. 2d 348; 1975 Ala. Crim. App. LEXIS 1505
- **Precedential status:** Published
- **Opinion:** Dissent by Cates
- **Judges:** Bookout, Cates, DeCARLO, Harris, Tyson
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672529

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672529. Public record. Not legal advice.