way challenge in Alabama

1977In Thomas v. State , 277 Ala. 570 , 173 So.2d 111 (1965), the Alabama Supreme Court held that a motion to quash is the proper way to challenge an indictment and trial venire on grounds of intentional racial discrimination.

1977In Thomas v. State , 277 Ala. 570 , 173 So.2d 111 (1965), the Alabama Supreme Court held that a motion to quash is the proper way to challenge an indictment and trial venire on grounds of intentional racial discrimination.

2018(C. 136.) Although the purpose of the letter appears to be a request to have new counsel appointed, Gaston does state: "I need straight up people [working on my case] or I wish to represent myself cause right now I know [my defense counsel are] angry with me." Id.

2018(C. 136.) Although the purpose of the letter appears to be a request to have new counsel appointed, Gaston does state: "I need straight up people [working on my case] or I wish to represent myself cause right now I know [my defense counsel are] angry with me." Id.

2001We have said in effect that where official action done or threatened is challenged as unlawful, whether the lack of authority appears in the provisions of a statute or because of its unconstitutionality, the controversy *Page 7 can be determined under the declaratory judgment statute. . . ." Morgan v. Board of School Comm'rs of Mobile County , 248 Ala. 22 , 25 , 26 So.2d 108 , 110 (1946); see also Gibbs v. Cochran , 281 Ala. 22 , 198 So.2d 607 (1967).

2001We have said in effect that where official action done or threatened is challenged as unlawful, whether the lack of authority appears in the provisions of a statute or because of its unconstitutionality, the controversy *Page 7 can be determined under the declaratory judgment statute. . . ." Morgan v. Board of School Comm'rs of Mobile County , 248 Ala. 22 , 25 , 26 So.2d 108 , 110 (1946); see also Gibbs v. Cochran , 281 Ala. 22 , 198 So.2d 607 (1967).

1997Citing United States v. Thompson , 944 F.2d 1331 (7th Cir. 1991), cert. denied , 502 U.S. 1097 , 112 S.Ct. 1177 , 117 L.Ed.2d 422 (1992), and In re Grand Jury Subpoena Duces Tecum Dated January 2, 1985 , 767 F.2d 26 (2d Cir. 1985), the State contends that the proper way to challenge an alleged abuse of the grand jury process is by filing a motion to quash the subpoena or by filing a motion before trial to dismiss the indictment.

1997Citing United States v. Thompson , 944 F.2d 1331 (7th Cir. 1991), cert. denied , 502 U.S. 1097 , 112 S.Ct. 1177 , 117 L.Ed.2d 422 (1992), and In re Grand Jury Subpoena Duces Tecum Dated January 2, 1985 , 767 F.2d 26 (2d Cir. 1985), the State contends that the proper way to challenge an alleged abuse of the grand jury process is by filing a motion to quash the subpoena or by filing a motion before trial to dismiss the indictment.

1997Citing United States v. Thompson , 944 F.2d 1331 (7th Cir. 1991), cert. denied , 502 U.S. 1097 , 112 S.Ct. 1177 , 117 L.Ed.2d 422 (1992), and In re Grand Jury Subpoena Duces Tecum Dated January 2, 1985 , 767 F.2d 26 (2d Cir. 1985), the State contends that the proper way to challenge an alleged abuse of the grand jury process is by filing a motion to quash the subpoena or by filing a motion before trial to dismiss the indictment.

1997Citing United States v. Thompson , 944 F.2d 1331 (7th Cir. 1991), cert. denied , 502 U.S. 1097 , 112 S.Ct. 1177 , 117 L.Ed.2d 422 (1992), and In re Grand Jury Subpoena Duces Tecum Dated January 2, 1985 , 767 F.2d 26 (2d Cir. 1985), the State contends that the proper way to challenge an alleged abuse of the grand jury process is by filing a motion to quash the subpoena or by filing a motion before trial to dismiss the indictment.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 .” This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 .” This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1974In the case of Washington v. State, 269 Ala. 146 , 112 So.2d 179 , the court stated: “It seems to be settled that a motion to quash is the proper way to challenge an indictment and a trial venire on the ground of intentional racial discrimination.

1974In the case of Washington v. State, 269 Ala. 146 , 112 So.2d 179 , the court stated: “It seems to be settled that a motion to quash is the proper way to challenge an indictment and a trial venire on the ground of intentional racial discrimination.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 .” This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 .” This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 .” This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 .” This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 .” This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1974Vernon v. State, 245 Ala. 633 , 18 So.2d 388 ; Millhouse v. State, 232 Ala. 567 , 168 So. 665 ; Vaughn v. State, 235 Ala. 80 , 177 So.2d 553 ." This principle is further upheld in Thomas v. State, 257 Ala. 124 , 57 So.2d 625 , and many other cases which could be cited in support of this proposition.

1971Those statutes do not deny to one charged with a crime the right to present for a determination the question of whether the rights guaranteed by the Fourteenth Amendment to the Constitution of the United States have been violated. * * From Thomas, supra; Coleman v. Alabama, 377 U.S. 129 , 84 S.Ct. 1152 , 12 L.Ed.2d 190 ; Gibbs v. State, 44 Ala.App. 15 , 200 So.2d 518 ; and Stallworth v. State, 45 Ala.App. 254 , 229 So.2d 26 , it is obvious that the question of systematic exclusion remains viable until Code 1940, T. 13, § 119 closes the door.

1971Those statutes do not deny to one charged with a crime the right to present for a determination the question of whether the rights guaranteed by the Fourteenth Amendment to the Constitution of the United States have been violated. * * From Thomas, supra; Coleman v. Alabama, 377 U.S. 129 , 84 S.Ct. 1152 , 12 L.Ed.2d 190 ; Gibbs v. State, 44 Ala.App. 15 , 200 So.2d 518 ; and Stallworth v. State, 45 Ala.App. 254 , 229 So.2d 26 , it is obvious that the question of systematic exclusion remains viable until Code 1940, T. 13, § 119 closes the door.

1971Those statutes do not deny to one charged with a crime the right to present for a determination the question of whether the rights guaranteed by the Fourteenth Amendment to the Constitution of the United States have been violated. * * From Thomas, supra; Coleman v. Alabama, 377 U.S. 129 , 84 S.Ct. 1152 , 12 L.Ed.2d 190 ; Gibbs v. State, 44 Ala.App. 15 , 200 So.2d 518 ; and Stallworth v. State, 45 Ala.App. 254 , 229 So.2d 26 , it is obvious that the question of systematic exclusion remains viable until Code 1940, T. 13, § 119 closes the door.

1971Those statutes do not deny to one charged with a crime the right to present for a determination the question of whether the rights guaranteed by the Fourteenth Amendment to the Constitution of the United States have been violated. * * From Thomas, supra; Coleman v. Alabama, 377 U.S. 129 , 84 S.Ct. 1152 , 12 L.Ed.2d 190 ; Gibbs v. State, 44 Ala.App. 15 , 200 So.2d 518 ; and Stallworth v. State, 45 Ala.App. 254 , 229 So.2d 26 , it is obvious that the question of systematic exclusion remains viable until Code 1940, T. 13, § 119 closes the door.

1971Those statutes do not deny to one charged with a crime the right to present for a determination the question of whether the rights guaranteed by the Fourteenth Amendment to the Constitution of the United States have been violated. * * From Thomas, supra; Coleman v. Alabama, 377 U.S. 129 , 84 S.Ct. 1152 , 12 L.Ed.2d 190 ; Gibbs v. State, 44 Ala.App. 15 , 200 So.2d 518 ; and Stallworth v. State, 45 Ala.App. 254 , 229 So.2d 26 , it is obvious that the question of systematic exclusion remains viable until Code 1940, T. 13, § 119 closes the door.

1971Those statutes do not deny to one charged with a crime the right to present for a determination the question of whether the rights guaranteed by the Fourteenth Amendment to the Constitution of the United States have been violated. * * From Thomas, supra; Coleman v. Alabama, 377 U.S. 129 , 84 S.Ct. 1152 , 12 L.Ed.2d 190 ; Gibbs v. State, 44 Ala.App. 15 , 200 So.2d 518 ; and Stallworth v. State, 45 Ala.App. 254 , 229 So.2d 26 , it is obvious that the question of systematic exclusion remains viable until Code 1940, T. 13, § 119 closes the door.

1964In Springer v. Sullivan, 218 Ala. 645 , 119 So. 851 (1), this court, speaking through the late Justice Foster, observed as follows: “Suit was instituted by Dewey ‘Selden’ and Marion Baines for the contract price agreed on for cutting timber for defendant.

1964In Springer v. Sullivan, 218 Ala. 645 , 119 So. 851 (1), this court, speaking through the late Justice Foster, observed as follows: “Suit was instituted by Dewey ‘Selden’ and Marion Baines for the contract price agreed on for cutting timber for defendant.

1940Drakford v. Turk, 75 Ala. 339 ; Cooper et al. v. Owen, 230 Ala. 316 , 161 So. 98 ; Dorrough v. Mackenson, 229 Ala. 336 , 157 So. 257 ; Mann Lumber Company v. Bailey Iron Works, supra; Rich v. Thornton, supra. The attachment in this case was sued out under the provisions of Sections 8814, 8815, 8816 and 8817 of the Code.

1940Drakford v. Turk, 75 Ala. 339 ; Cooper et al. v. Owen, 230 Ala. 316 , 161 So. 98 ; Dorrough v. Mackenson, 229 Ala. 336 , 157 So. 257 ; Mann Lumber Company v. Bailey Iron Works, supra; Rich v. Thornton, supra. The attachment in this case was sued out under the provisions of Sections 8814, 8815, 8816 and 8817 of the Code.

1940Drakford v. Turk, 75 Ala. 339 ; Cooper et al. v. Owen, 230 Ala. 316 , 161 So. 98 ; Dorrough v. Mackenson, 229 Ala. 336 , 157 So. 257 ; Mann Lumber Company v. Bailey Iron Works, supra; Rich v. Thornton, supra. The attachment in this case was sued out under the provisions of Sections 8814, 8815, 8816 and 8817 of the Code.

1940Drakford v. Turk, 75 Ala. 339 ; Cooper et al. v. Owen, 230 Ala. 316 , 161 So. 98 ; Dorrough v. Mackenson, 229 Ala. 336 , 157 So. 257 ; Mann Lumber Company v. Bailey Iron Works, supra; Rich v. Thornton, supra. The attachment in this case was sued out under the provisions of Sections 8814, 8815, 8816 and 8817 of the Code.

1940Drakford v. Turk, 75 Ala. 339 ; Cooper et al. v. Owen, 230 Ala. 316 , 161 So. 98 ; Dorrough v. Mackenson, 229 Ala. 336 , 157 So. 257 ; Mann Lumber Company v. Bailey Iron Works, supra; Rich v. Thornton, supra. The attachment in this case was sued out under the provisions of Sections 8814, 8815, 8816 and 8817 of the Code.

1940Drakford v. Turk, 75 Ala. 339 ; Cooper et al. v. Owen, 230 Ala. 316 , 161 So. 98 ; Dorrough v. Mackenson, 229 Ala. 336 , 157 So. 257 ; Mann Lumber Company v. Bailey Iron Works, supra; Rich v. Thornton, supra. The attachment in this case was sued out under the provisions of Sections 8814, 8815, 8816 and 8817 of the Code.

1932Ashurst v. Arnold-Henegar-Doyle Co., 201 Ala. 480 , 78 So. 386 ; A. G.

1932Ashurst v. Arnold-Henegar-Doyle Co., 201 Ala. 480 , 78 So. 386 ; A. G.

1929If these averments are true, the court of chancery has jurisdiction of this case, to establish and quiet complainants’ title to the land, and to this end, to annul said decree of insolvency and sweep it out of the way of the claim of complainants below for partition of said homestead lands, and a sale of them for that purpose, on the ground, as alleged, that they can not be equitably divided in kind.” In the case of O’Daniel v. Gaynor, 150 Ala. 205 , 43 So. 205 , this bill by the widow alleged that no report of insolvency had been filed, and that there had been no adjudication of insolvency, a

1929If these averments are true, the court of chancery has jurisdiction of this case, to establish and quiet complainants’ title to the land, and to this end, to annul said decree of insolvency and sweep it out of the way of the claim of complainants below for partition of said homestead lands, and a sale of them for that purpose, on the ground, as alleged, that they can not be equitably divided in kind.” In the case of O’Daniel v. Gaynor, 150 Ala. 205 , 43 So. 205 , this bill by the widow alleged that no report of insolvency had been filed, and that there had been no adjudication of insolvency, a

1929If these averments are true, the court of chancery has jurisdiction of this case, to establish and quiet complainants’ title to the land, and to this end, to annul said decree of insolvency and sweep it out of the way of the claim of complainants below for partition of said homestead lands, and a sale of them for that purpose, on the ground, as alleged, that they can not be equitably divided in kind.” And in Hames v. Irwin, 214 Ala. 424 , 108 So. 253 , a contrivance to defeat an adjudication of insolvency would be a fraud upon the law, but held that there was neither allegation nor proof of an

1929If these averments are true, the court of chancery has jurisdiction of this case, to establish and quiet complainants’ title to the land, and to this end, to annul said decree of insolvency and sweep it out of the way of the claim of complainants below for partition of said homestead lands, and a sale of them for that purpose, on the ground, as alleged, that they can not be equitably divided in kind.” And in Hames v. Irwin, 214 Ala. 424 , 108 So. 253 , a contrivance to defeat an adjudication of insolvency would be a fraud upon the law, but held that there was neither allegation nor proof of an

1918Although the headnote in Jones v. State, 2 Ala. App. 240 , 57 South. 62 , and some other decisions of this court and of the Supreme Court may appear to be authority for the contention, a motion to exclude evidence cannot be made to take the place of a demurrer to the evidence.

1918Although the headnote in Jones v. State, 2 Ala. App. 240 , 57 South. 62 , and some other decisions of this court and of the Supreme Court may appear to be authority for the contention, a motion to exclude evidence cannot be made to take the place of a demurrer to the evidence.

1916In criminal cases the defendant may not demur to the evidence except by consent of the state, and the practice of demurring to the evidence at all in criminal cases is condemned by the Supreme Court. — Martin v. State, 62 Ala. 240 .

1912In such case the analogy upon which equity, before the statute of limitations was made applicable to its remedies, attributed laches — a species of estoppel — to the complainant who delayed beyond, the period of limitation, required also that, where the delay had been short of that time, the special circumstance, the change in the condition or relations of the property or the parties, which would render interference inequitable, should be brought forward in the way of defense. — Fowler v. Alabama Co., 164 Ala. 414 , 51 South. 393 .

1912In such case the analogy upon which equity, before the statute of limitations was made applicable to its remedies, attributed laches — a species of estoppel — to the complainant who delayed beyond, the period of limitation, required also that, where the delay had been short of that time, the special circumstance, the change in the condition or relations of the property or the parties, which would render interference inequitable, should be brought forward in the way of defense. — Fowler v. Alabama Co., 164 Ala. 414 , 51 South. 393 .

1905We merely cite the authorities for these obvious principles: — Machine Co. v. Wilkerson, 79 Ala. 315; Chambers v. Falkner, 65 Ala. 455 ; Chewacla Lime Works v. Dismukes, 87 Ala. 347 , 6 South. 122 , 5 L.