Legal Opinion

Noble v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 15 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. At the February term, 1877, of the City Court of Montgomery, the grand jury presented the following indictment: “ The State of Alabama, Montgomery county.

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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. At the February term, 1877, of the City Court of Montgomery, the grand jury presented the following indictment: “ The State of Alabama, Montgomery county. The grand-jury of the said county charge, that before the finding of this ■ indictment, William R. Noble knowingly converted, or applied to his own use, one hundred and eighty dollars, or other large sum of money, being a part of the revenue of' the State of Alabama, against the peace and dignity of the State of Alabama.” The defendant demurred to the indictment…

1Opinion of the Court

STONE, J. —

We often find, in opinions given by judges, the expression “ that the rules of pleading are the same in criminal cases as in civil.” — 1 Bish. Cr. Proc. § 43. This, another adds, “ though the books contain more or less such language as is mentioned [above], and though this language is in a certain sense correct, still the practice is to require greater strictness in criminal matters than in civil.”- — lb. § 44. We think we may safely assert that, in the absence of statutory regulations, as high a degree of certainty is required in criminal pleadings as in civil.

In Bish. Cr. Proc. §…

2Cases cited7 opinions

  1. Grant v. StateSupreme Court of Alabama · 1876
  2. Horton v. StateSupreme Court of Alabama · 1875
  3. Smith v. SpeedSupreme Court of Alabama · 1874
  4. Johnson v. StateSupreme Court of Alabama · 1858
  5. Corbett v. StateSupreme Court of Alabama · 1858

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3Cited by15 opinions

  1. Lacey v. StateAlabama Court of Appeals · 1915
  2. Britton v. StateSupreme Court of Alabama · 1884
  3. Leonard v. StateSupreme Court of Alabama · 1896
  4. Thomas v. StateSupreme Court of Alabama · 1895
  5. Illinois Surety Co. v. DonaldsonSupreme Court of Alabama · 1918

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