1901.-Section 6.

to do; and, in all prosecutions by indictment, a speedy, public trial, by an impartial jury of the county or district in which the offense was committed; and he shall not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, except by due process of law; but the legislature may, by

V. Clements, 109 Ala. 270, limits and distinguishes this case).

A statute removing an administration from one county to another is not void. -Wright v. Ware, 50 Ala. 549.

A statute authorizing supreme court to render summary judgments held valid. -Johnston v. Atwood, 2 Stew. 225.

A statute giving justice of the peace final jurisdiction without right of appeal held not to be due process of law.Tims v. State, 26 Ala. 165; Ex parte Haughton, 38 Ala. 570.

But if the general law will authorize an appeal in such cases, it is valid.Thomas v. Bibb, 44 Ala. 721.

A statute giving a mechanic's lien which provided for enforcement without notice to the owner was held to deprive him of his property without due process of law, and to be therefore void. -Selma Co. v. Stoddard, 116 Ala. 251. The provision of the Federal Constitution, that full faith and credit shall be given in each state to the public acts and records of others, does not apply to judgments rendered by the court of one state against a nonresident debtor in the absence of personal service.-L. & N. R. Co. v. Nash., 118 Ala. 477.

A statute imposing upon defendants the burden of proving the plea of insanity is not a denial of due process of law, nor equal protection of the law.-Martin v. State, 119 Ala. 1, Coleman, J., dissenting.

The abolition by the legislature of an office created by it is not the taking of property from the incumbent thereof without due process of law.-Hawkins . Roberts, 122 Ala. 130.

An office is not property.-Ib.; Ex parte Lusk, 82 Ala. 519; Ex parte Lambert, 52 Ala. 70.

Right of accused to be heard by him

1875.-Article I.

by an impartial jury of the county or district in which the offense was committed; and that he shall not be compelled to give evidence against himself, nor be deprived of his life, liberty, or property, but by due process of law.

self and counsel, or either. A guaranty of the right to be present whenever any action is taken by the prosecution, except a continuance when the accused fails to appear, and the like orders, lying in the discretion of the court.-Ex parte Bryan, 44 Ala. 402; Slocovitch v. State, 46 Ala. 227; and when the verdict is rendered. State v. Hughes, 2 Ala. 102.

Applies to "Mayor's Court."'-Withers v. State, 36 Ala. 252.

But not to contempt proceedings.-Ex parte Hamilton, 51 Ala. 66.

Does not authorize the accused to make a statement of facts outside of the evidence. State v. McCall, 4 Ala. 643.

The court may limit argument of counsel.-Yeldell v. State, 100 Ala. 26; Peagler v. State, 110 Ala. 11.

To demand the nature and cause of the accusation; to have a copy thereof. Copy is waived if not applied for.-Driskill v. State, 45 Ala. 21; Miller v. State, 45 Ala. 24.

Copy from a certified transcript, after change of venue, sufficient.-Bramlett v. State, 31 Ala. 376.

Sufficiency of Code forms of indictment to meet requirements of provision, see Burdine v. State, 25 Ala. 60; Thompson v. State, Ib. 41; Elam v. State, 25 Ala. 53; Sherrod v. State, Ib. 78; Salomon v. State, 27 Ala. 26; Molett v. State, 33 Ala. 408; Aiken v. State, 35 Ala. 399; Schwartz v. State, 37 Ala. 460; Frank v. State, 40 Ala. 12; Billingslea v. State, 68 Ala. 486; Williams v. State, 68 Ala. 551; 106 U. S. 583; Peterson v. State, 74 Ala. 34; Bogan v. State, 84 Ala. 449; Freiburg v. State, 94 Ala. 91; Thompson v. State, 99 Ala. 173; Smith v. State, 103 Ala. 57.

To be confronted by the witnesses against him. Applies only to courts where facts are inquired into; not to the

1901.-Section 6.

Where a witness, examined in a former proceeding between the parties, dies, becomes insane, or leaves the state, his former testimony may be proven.Long v. Davis, 18 Ala. 801; Marler v. State, 67 Ala. 55; Lowe v. State, 86 Ala. 47; South v. State, 86 Ala. 617; Pruitt v. State, 92 Ala. 41; Thompson v. State, 106 Ala. 67.

Dying declarations are excepted.— Green v. State, 66 Ala. 40.

In all prosecutions by indictment, a speedy public trial, etc. What is a speedy trial.-Ex parte State, 76 Ala. 482.

Jury must consist of twelve men.Collins v. State, 88 Ala. 212.

But may be waived in misdemeanor cases. Connelly v. State, 60 Ala. 89.

Must be impartial; opinions as to guilt or innocence of accused. The right in the manner of its exercise is in the discretion of the court.-Peagler v. State, 110 Ala. 11.

In criminal prosecutions before a jury the defendant must be heard, but the court may regulate the exercise of the right.-Crawford v. State, 112 Ala. 1; Yeldell v. State, 100 Ala. 26.

Each case must be governed by its circumstances.-Crawford V. State, 112

tion of court.-Walker v. State, 117 Ala. 85.

The rule of practice as to continuances cannot be so applied as to defeat the right of defendant to have compulsory process for witnesses in his favor.Walker v. State, 117 Ala. 85; Bales v. State, 63 Ala. 30; Jackson v. State, 77 Ala. 18; Dean v. State, 89 Ala. 46; Hamill v. State, 90 Ala. 577.

Defendant cannot be put on trial under an indictment where the only provision for a jury is that one may be secured on giving bond and appealing.Collins v. State, 88 Ala. 212; Reeves v. State, 96 Ala. 33.

Does not apply to contempt cases, impeachment, nor unless the prosecution is by indictment.-Tims v. State, 26 Ala. 165; Ex parte Hamilton, 51 Ala. 66; State v. Buckley, 54 Ala. 599.

A law giving jurisdiction to either county of an offense committed within a quarter of a mile of the border line, does not violate Constitution.-Hill v. State, 43 Ala. 335; Grogan v. State, 44 Ala. 9; Jackson v. State, 90 Ala. 590; Taylor v. State, 131 Ala. 36.

Accused shall not be compelled to give evidence against himself. Accused cannot be compelled to say or do anything that may tend to criminate him, and his refusal cannot be proven as a circumstance against him.-Kelly v. State, 72 Ala. 244; Cooper v. State, 86 Ala. 610; Davis v. State, 131 Ala. 10.

Nor be deprived of life, liberty, or property, but by due process of law. What is due process.-Ex parte Candee. 48 Ala. 386; Zeigler v. S. & N. R. Co., 58 Ala. 594.

Record must show due process in a criminal case.-Hood V. State, 44 Ala. 81.

Persons affected must have due notice of judicial proceedings.-Wilburn V. McCalley, 63 Ala. 436; Mead v. Larkin. 66 Ala. 87; Betancourt v. Eberlin, 71 Ala. 461.

Not contravened by law prohibiting

1901.-Section 6.

sonal presence of the defendant so applying therefor; provided, that at the time of the application for the change of venue, the defendant is imprisoned in jail or some legal place of confinement.

the sale of intoxicants within limited district.-Dorman v. State, 34 Ala. 216; Barnes v. State, 49 Ala. 342.

Nor the taking of private property for public use; but legislature cannot convert a private into a public use. Sadler v. Langham, 34 Ala. 311.

Nor prohibiting the distillation of grain without the consent of the governor.-Ingram v. State, 39 Ala. 247.

Nor removing administration from the county of the decedent's residence.Wright v. Ware, 50 Ala. 549.

Nor establishing stock districts and pounds. Dillard v. Webb, 55 Ala. 468.

Nor special private statute for the disposal of property of deceased by administrator.-Chappell v. Williamson, 49 Ala. 153, Todd v. Flournoy, 56 Ala. 99; Watson v. Oates, 58 Ala. 647; Tindal v. Drake, 60 Ala. 170; Bruce v. Bradshaw, 69 Ala. 360; Munford v. Pearce, 70 Ala. 452, (since the adoption of the Constitutions or 1875 and 1901. Quaere. Art. IV, § 23.)

Nor prohibiting the sale or removal of cotton in the seed at certain times, and in particular localities.-Davis v. State, 68 Ala. 58; Mangan v. State, 76 Ala. 60. Nor exempting the state from making affidavit and giving bond in attachment. -Ex parte Macdonald, 76 Ala. 603.

Nor requiring examination and license of locomotive engineers.-McDonald v. State, 81 Ala. 279.

Violated in Following Cases

Contravened by law authorizing tollgate to be thrown open if road out of repair.-Powell v. Sammons, 31 Ala. 552. Making tax deed conclusive, instead of prima facie evidence.-Stoudemire v. Brown, 48 Ala. 699; s. c., 57 Ala. 481; Davis v. Minge, 56 Ala. 121; Calhoun v. Fletcher, 63 Ala. 574; Lassiter v. Lee, 68 Ala. 287.

Requiring deposit of money before prosecution or defense of suit by or against purchaser at tax sale.-Stoudenmire v. Brown, 48 Ala. 699; Whitworth

v. Anderson, 54 Ala. 33; Lassiter v. Lee, 68 Ala. 287.

Taxing an attorney's fee as costs against railroad in certain cases.-S. & N. R. Co. v. Morris, 65 Ala. 193.

Giving filer of mechanic's lien a lien also for an attorney's fee.-Randolph v. B. & P. Sup. Co., 106 Ala. 501.

Imposing absolute liability on railroad for cattle killed by it under certain conditions.-Zeigler v. S. & N. R. Co., 58 Ala. 594; B. M. R. Co. v. Parsons, 100 Ala. 662.

Requiring railroad to pay a fee for the examination of its employes for color blindness.-L. & N. R. Co. v. Baldwin, 85 Ala. 619.

Declaring conveyances already executed void because not acknowledged according to a then prescribed form.Ala. L. I. & T. Co. v. Boykin, 38 Ala. 510.

An act which provides that a defendant must give an appearance bond to a subsequent term of court before he can secure the right of trial by jury is not violative of this provision.-Howard v. State, 128 Ala. 43.

No convenience of the court nor condition of the docket will authorize the denial of the right of accused to compulsory process for witnesses.-Walker v. State, 117 Ala. 85.

The state should not be allowed to prove that accused declined to have his shoes taken for the purpose of comparing them with certain tracks.-Davis v. State, 131 Ala. 10, citing Cooper v. State, 86 Ala. 610; 4 L. R. A., 766; 11 Am. St. Rep. 84; Potter v. State, 92 Ala. 37; Chastang v. State, 83 Ala. 29.

But where a statement is made to accused implying his guilt, his omission to controvert, or explain may afford an inference of its truth, if he can make the denial.-Davis v. State, 131 Ala. 10; Avery v. State, 124 Ala. 20; Lawson v. State, 20 Ala. 65; 56 Am. Dec. 182; Huggins v. State, 41 Ala. 393; Jackson v. State, 54 Ala. 234. See 187 U. S. 135.

1901.-Section 7.

Sec. 7. That no person shall be accused or arrested, or detained, except in cases ascertained by law, and according to the form which the same has prescribed; and no person shall be punished but by virtue of a law established and promulgated prior to the offense and legally applied.

[Sec. 7.]—

The Code form of an indictment for perjury is sufficient.-Smith v. State, 103 Ala. 57; Walker v. State, 96 Ala. 53.

Indictment under Code form for embezzlement is sufficient.-Lang v. State, 97 Ala. 41; Reeves v. State, 95 Ala. 31; Huffman v. State, 89 Ala. 33.

Indictment under Code form for compounding felony is sufficient.-Watt v. State, 97 Ala. 72.

An indictment for betting at cards or dice under Code form is sufficient.-Rosson v. State, 92 Ala. 76.

Justices of the peace derive their jurisdiction from statute and not from the constitution.-Lee v. State, 143 Ala. 93 (39 So. 366).

Code form of indictment for selling liquor without license is sufficient.Williams v. State, 91 Ala. 14.

Code form of indictment for miscegenation is sufficient.-Linton v. State, 88 Ala, 216.

Code form of indictment for abuse of child is sufficient.-McGuff v. State, 88 Ala. 147.

Indictment for keeping gaming table is sufficient. Bibb v. State, 83 Ala. 84. Indictment for arson held sufficient.Sands v. State, 80 Ala. 201.

Indictment for gaming held sufficient. -Johnson v. State, 75 Ala. 7.

Indictment for adultery discussed.Pace v. State, 69 Ala. 231.

Indictment for selling or removing property covered by a lien held sufficient. Ellerson v. State, 69 Ala. 1.

Indictment for murder held sufficient. -Phillips v. State, 68 Ala. 469; Noles v. State, 24 Ala. 672.

Indictment for disturbing females at public assembly discussed.-Smith State, 63 Ala. 55.

V.

Indictment against overseer of public road discussed.-McCullough v. State, 63 Ala. 75.

An indictment for murder, endorsements and record of, discussed.-Wesley v. State, 52 Ala. 182.

An indictment for arson held sufficient.-Miller v. State, 45 Ala. 24.

The form of indictment No. 79, Crim. Code, p. 335, for illegal sale of liquor, and 5007 of the Code (1896) do not deny the defendant the right to demand the nature and cause of the accusation.Jones v. State, 136 Ala. 118.

Under the practice in this state, the defendant has no constitutional or other right to demand a bill of particulars in a criminal case other than is afforded by sufficient indictment, affidavit, or warrant, charging the offense.-Jones v. State, 136 Ala. 118.

What are ex post facto laws.-Calder v. Bull, 3 Dall. (U. S.), 390; Fletcher v. Peck, 6 Cranch (U. S.) 138.

Law directing nol. pros., and another indictment, when it is seen there will be a variance, is constitutional.-State v. Kreps, 8 Ala. 951.

Law must be promulgated prior to the offense.-Aaron v. State, 39 Ala. 684; Eliza v. State, 39 Ala. 693.

Unauthorized discharge of the jury after rendering a void verdict, is not a legal application of the law, and is an acquittal.-Grogan v. State, 44 Ala. 9: Bell v. State, 48 Ala. 684.