Thomas v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Pike. Tried before the Hou. William H. Parks. The appellant was tried and convictei under the following indictment: “The grand jury of said county charge that before the finding of this indictment Simon Thomas unlawfully and maliciously killed one px of the value of twenty dollars and one cow of the value of twenty dollars, the personal property of Tom Orr, against the peace and dignity of the State.of Alabama.”
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Appeal from the Criminal Court of Pike. Tried before the Hou. William H. Parks. The appellant was tried and convictei under the following indictment: “The grand jury of said county charge that before the finding of this indictment Simon Thomas unlawfully and maliciously killed one px of the value of twenty dollars and one cow of the value of twenty dollars, the personal property of Tom Orr, against the peace and dignity of the State.of Alabama.” The solicitor elected to prosecute for the killing of the cow charged in the indictment. The facts necessary to an understanding of the decision on…
1Opinion of the Court
BRICKLELL, G. J.
It was an elementary principle of the common law, that a count in an indictment charging two distinct offenses was vicious; it was double pleading. Under proper circumstances, in separate counts, there could be a joinder of two or more distinct offenses. The rule prevailing in this State is, that when the offenses are of the same general nature and belong, to the same family of crimes, if the mode of trial and nature of the punishments are the same, there may be a joinder of them in’ separate counts, though they are punishable with different degrees of severity. — 1 Brick.…
2Cases cited6 opinions
- Horton v. StateSupreme Court of Alabama · 1875
- Elliott v. StateSupreme Court of Alabama · 1855
- McGehee v. StateSupreme Court of Alabama · 1877
- Burdine v. StateSupreme Court of Alabama · 1854
- Noble v. StateSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Flournoy v. StateAlabama Court of Appeals · 1948
- Horn v. StateAlabama Court of Appeals · 1928
- State v. MorrowSuperior Court of Delaware · 1939
- Meadows v. StateSupreme Court of Alabama · 1902
18 more not listed; retrieve them via the Exa API.