State v. Covington
Supreme Court of Alabama
The defendants were indicted in the Circuit Court of Cherokee, for a conspiracy; they were all tried on the plea of “ not guilty,” and a verdict was returned as follows: “We, the jury, find the defendants guilty, and assess their fine to twenty dollars each.” A motion was made to arrest the judgment, on the grounds as alledged, that the indictment did not charge an offence known to the law; and was insufficient.
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The defendants were indicted in the Circuit Court of Cherokee, for a conspiracy; they were all tried on the plea of “ not guilty,” and a verdict was returned as follows: “We, the jury, find the defendants guilty, and assess their fine to twenty dollars each.” A motion was made to arrest the judgment, on the grounds as alledged, that the indictment did not charge an offence known to the law; and was insufficient. The Solicitor objected to any decision of the Court on the motion, because two of the defendants who had been found guilty, viz: Anderson Hodges and William Hodges, had escaped from…
1Opinion of the CourtCollier, C. J.
-In The King v. Teal and others, [11 East’s Rep. 307,] two of the defendants were found guilty of a conspiracy, and one of them appeared in Court, and by his counsel moved for a new trial; but the Court refused to entertain the motion in the absence of the other, unless a special and separate ground was laid for dispensing with the general rule, that all parties must be present in such cases. It was, however, remarked, that the Court would bear in mind what passed when the defendants were brought up for judgment, *605and if, upon considering the report of the Judge who presided at the trial, they…
2Cited by1 opinion
- People v. RichardsCalifornia Supreme Court · 1885