Spradling v. State
Supreme Court of Alabama
Error to the Circuit Court of Lauderdale. Tried before the Hon. Sydney C. Posey. The plaintiffs in error were indicted for a conspiracy to commit a burglary by breaking and entering the store house of one Nathaniel B. Sturdevant with intent to steal, &c. the goods of the said Sturdevant. The accused filed two pleas to the indictment, which were demurred to and the demurrer sustained. These pleas are sufficiently recited in the opinion of the court.
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Error to the Circuit Court of Lauderdale. Tried before the Hon. Sydney C. Posey. The plaintiffs in error were indicted for a conspiracy to commit a burglary by breaking and entering the store house of one Nathaniel B. Sturdevant with intent to steal, &c. the goods of the said Sturdevant. The accused filed two pleas to the indictment, which were demurred to and the demurrer sustained. These pleas are sufficiently recited in the opinion of the court. On the trial the proof tended to show that the goods which the accused conspired to steal were the property of said Sturdevant and another person,…
1Opinion of the CourtParsons, J.
The plaintiffs in error were convicted in the Circuit Court of Lauderdale county ‘of a conspiracy to commit the crime of burglary, by feloniously and burglariously breaking and entering the store-house of one Nathaniel B. Sturdevant, in said county, in the night time. The plaintiffs in error Sled two pleas to the indictment. By the first they alleged “ that this court ought not to have or take further cognizance of the charge in the said indictment above specified, because they say that the Hon. Sydney C. Posey, now presiding as judge in this court,-is by law incompetent to trj* and determine…
2Cases cited2 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Lyon v. State BankSupreme Court of Alabama · 1828
3Cited by6 opinions
- Cook v. StateSupreme Court of Alabama · 1959
- Roberts v. StateSupreme Court of Alabama · 1899
- Wright v. StateAlabama Court of Appeals · 1912
- Lindsey v. StateAlabama Court of Appeals · 1939
- Harris' Heirs v. Harris' Adm'rSupreme Court of Alabama · 1867
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