Hughes v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Perry-. Tried before the Hon. A. A. Coleman. The indictment in this ease was in the form prescribed by tbe Code, aud charged the defendant, in a single count, with selling vinous or spirituous liquors without a license.
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Appeal from the Circuit Court of Perry-. Tried before the Hon. A. A. Coleman. The indictment in this ease was in the form prescribed by tbe Code, aud charged the defendant, in a single count, with selling vinous or spirituous liquors without a license. The bill of exceptions is as follows : “ "When this case was called, the solicitor for the State suggested, that a material witness for the prosecution was too much under the influence of intoxicating liquor to testify intelligibly; and asked that the cause might be continued, or laid over. But the defendant, by his counsel, objected to a…
1Opinion of the Court
A. J. WALKER, O. J.
The defendant in this case had been previously put upon Ms trial, and the jury was discharged after the commencement of the examination of the witnesses. The discharge was ordered upon the authority of an agreement, made before the jury was empanneled. We understand that agreement to have been, that if a certain person, summoned to testify on the part of the State, should, during the progress of the trial, be incapacitated by intoxication to testify intelligibly, the jury should be discharged. The agreement was voluntarily made by the accused, as the condition upon which…
2Cases cited11 opinions
- Cobia v. StateSupreme Court of Alabama · 1849
- Ned v. StateSupreme Court of Alabama · 1838
- McCauley v. StateSupreme Court of Alabama · 1855
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- State v. HughesSupreme Court of Alabama · 1841
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3Cited by24 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- Lee v. StateAlabama Court of Appeals · 1943
- Boldt v. StateWisconsin Supreme Court · 1888
- Racine v. StateSupreme Court of Alabama · 1973
- McIndoe v. MormanWisconsin Supreme Court · 1870
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