Perry v. State
Supreme Court of Alabama
Appeal from Jefferson Circuit Court, Tried before the Hon. S. H. Spruit. This was a prosecution, commenced by affidavit, before B. M. Allen, a justice of the peace, charging the defendant with opposing or resisting one Brock, a constable, in the execution of a writ of seizure in a detinue ease, issued by said Allen. The case was made returnable to the County Court of Jefferson, where the defendant was tried and convicted. He appealed to the Circuit Court.
Read the full summary
Appeal from Jefferson Circuit Court, Tried before the Hon. S. H. Spruit. This was a prosecution, commenced by affidavit, before B. M. Allen, a justice of the peace, charging the defendant with opposing or resisting one Brock, a constable, in the execution of a writ of seizure in a detinue ease, issued by said Allen. The case was made returnable to the County Court of Jefferson, where the defendant was tried and convicted. He appealed to the Circuit Court. The complaint filed by the solicitor in the Circuit Court originally stated the name of the plaintiff in the detinue suit as “Mrs. Sol.…
1Opinion of the CourtClopton, J.
Whether the statement of the cause of complaint in the Circuit Court, which is prepared by the solicitor on appeal from the County Court, is amendable, was fully considered in Tatum v. State, 66 Ala. 465 ; and it was held, that it was capable of amendment, if a newr and different case was not introduced. A re-consideration of the question is unnecessary.
The defendant read in evidence a statement of facts, to which the State admitted Mrs. Crawford, an absent witness, would testify, if present. Between this statement and the evidence of the constable there is a conflict, as to what occurred at…
2Cases cited5 opinions
- Tatum v. StateSupreme Court of Alabama · 1880
- Dill v. StateSupreme Court of Alabama · 1854
- Hill v. TownsendSupreme Court of Alabama · 1881
- Carter v. StateSupreme Court of Alabama · 1859
- Cain v. PenixSupreme Court of Alabama · 1856
3Cited by14 opinions
- Hammond v. StateSupreme Court of Alabama · 1906
- Mosley v. City of AuburnCourt of Criminal Appeals of Alabama · 1982
- Gandy v. StateSupreme Court of Alabama · 1886
- Jackson v. StateAlabama Court of Appeals · 1912
- Cobb v. StateAlabama Court of Appeals · 1924
9 more not listed; retrieve them via the Exa API.