Hollis v. State
Supreme Court of Alabama
Appeal from tlie Criminal Court of Pike. Tried before tlie Hon. E. B. Wilkerson. Tlie defendant was indicted, tried and convicted for the larceny of a hog.
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Appeal from tlie Criminal Court of Pike. Tried before tlie Hon. E. B. Wilkerson. Tlie defendant was indicted, tried and convicted for the larceny of a hog. The defendant filed the following special plea, which was sworn to,:. “Comes the defendant in the above styled cause, and under oath says: That on December the 26th, 1898, in the justice of the peace court of J. A. McGuire, ex-officio justice of the peace in and for said county and State, defendant was tried and convicted for the larceny of the same hog, the property of Jim Copeland, as that alleged in the indictment in this cause. That…
1Opinion of the CourtDowdell, J.
The defendant was tried and conAdcted in the criminal court of Pike county on.an, indictment for the larceny of a hog.
For anSAver to the indictment the defendant filed his plea of autre fois convict. This plea was demurred to by the State, the sole ground of demurrer being that “the plea fails to allege that no. appeal was taken from said judgment of conviction.”
This averment Avas not necessary to constitute a good plea. The ground assigned was matter for replication and not of demurrer. In Moore v. State, 71 Ala. 311, it was held, that a former conviction, procured b'y the fraud, connivance,…
2Cases cited6 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Moore v. StateSupreme Court of Alabama · 1882
- Foster v. StateSupreme Court of Alabama · 1864
- Smith v. StateSupreme Court of Alabama · 1875
- Cross v. StateSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Holloway v. StateAlabama Court of Appeals · 1952
- Toney v. StateAlabama Court of Appeals · 1916
- Detrich Clark Shoemaker v. Dowd, WardenIndiana Supreme Court · 1944
- Williams v. StateAlabama Court of Appeals · 1929
- Hamilton v. StateAlabama Court of Appeals · 1931
3 more not listed; retrieve them via the Exa API.