Oakley v. State
Supreme Court of Alabama
Appeal from the Walker County Law and Equity Court. Tried before the Hon. W. B. Appling. The defendant, Oscar Oakley, was indicted, tried and convicted on the charge of rape. The second count of the indictment charged that defendant “did carnally know, or abuse in the attempt to carnally know, Mattie Oakley, a female under the age of fourteen years.” After demurrers to this count were overruled, a voile proacqiii was entered as to> said count before the trial.
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Appeal from the Walker County Law and Equity Court. Tried before the Hon. W. B. Appling. The defendant, Oscar Oakley, was indicted, tried and convicted on the charge of rape. The second count of the indictment charged that defendant “did carnally know, or abuse in the attempt to carnally know, Mattie Oakley, a female under the age of fourteen years.” After demurrers to this count were overruled, a voile proacqiii was entered as to> said count before the trial. The defendant made a motion to quash the indictment upon the following grounds: (1.) The said persons composing the grand jury which…
1Opinion of the CourtTyson, J.
The motion to quash the indictment was properly overruled.—Oakley v. The State, ante, p. 23.
The second count of the indictment, after demurrer interposed, and overruled, was eliminated by the order of the court of nolle prosequi entered before trial, which relieved the indictment of its objectionable feature and, of course, rendered the action of the court overruling the demurrer innocuous.—Williams v. The State, 130 Ala. 31; Salm v. The State, 89 Ala. 56.
Previous to the trial of the issue on the plea of not guilty the issue presented by the plea of former conviction was tried resulting in a…
2Cases cited5 opinions
- Salm v. StateSupreme Court of Alabama · 1889
- Bray v. StateSupreme Court of Alabama · 1901
- Williams v. StateSupreme Court of Alabama · 1900
- Vasser v. StateSupreme Court of Alabama · 1876
- Richardson v. StateSupreme Court of Alabama · 1875
3Cited by13 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- City of Dothan v. HardySupreme Court of Alabama · 1939
- J.D.S. v. StateCourt of Criminal Appeals of Alabama · 1991
- Ex Parte HillSupreme Court of Alabama · 1924
- Rigsby v. StateSupreme Court of Alabama · 1907
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