Opinion

Williams v. State

  • 28 Ala. App. 73
  • 179 So. 915
  • 1938 Ala. App. LEXIS 47
Court
Alabama Court of Appeals
Filed
Jan 11, 1938
Status
Published
On the bench
Rice
Cited by
30 cases
Authority
More cited than 12.2%

The opinion

On Rehearing.

In our opinion on original submission, we said, referring to the Alabama Beverage Control Act, this: “If there are constitutional questions apparent, regarding its title and body, or any of its provisions, they are not questions bearing upon the answer to the question presented to us, and hence are not to be discussed by us.” (Italics supplied here.)

The quoted statement is probably, at least possibly, not correct. Instead of that, what we should have said, and what we do now say, is this: “If there are constitutional questions apparent, regarding its title and body, or any of its provisions, they are not questions the solution of which is essential to the answering of the question presented to us. And, hence, they will not be discussed by us.” Smith et al. v. McQueen, 232 Ala. 90 , 166 So. 788 .

As said in the opinion in the McQueen Case just cited: “ — the rule is very generally observed that the courts will not pass upon any constitutional question unless necessary to a decision of the cause.”

With the correction we have thus indicated, we are content to stand upon what we have written in the opinion heretofore handed down; and the application for rehearing is overruled.

Opinion extended; application overruled.

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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