Legal Opinion

Powell v. State

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 25 opinions

Appeal from tbe Circuit Court of Coosa. Tried before tbe Hon. ANDRew B. Moose. The appellant, John C- Powell, was indicted at the Eall term, 1850, of the Circuit Court of Coosa, for grand larceny ; to which he pleaded, not guilty, and insanity.

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Appeal from tbe Circuit Court of Coosa. Tried before tbe Hon. ANDRew B. Moose. The appellant, John C- Powell, was indicted at the Eall term, 1850, of the Circuit Court of Coosa, for grand larceny ; to which he pleaded, not guilty, and insanity. From the bill of exceptions the following facts appear : “ The State introduced a witness, who said, that he first knew the prisoner, in Chambers county, ten or twelve years since; that lie was then a boy, and going to school with witness’ boys, and was sometimes (he would not say frequently) at his house, with his boys, in passing from school to…

1Opinion of the Court

GOLBTHWAJTE, J. —

That a venire facias was not void for want of the seal of office of the court from which it issued, was directly decided by this court in the case of Maher v. The State, 1 Porter 265; and as the question is purely a technical one, involving no principle, we do not feel authorized to depart from it.

In relation to the action of the court below, in allowing the opinion of certain witnesses, as to the sanity of the prisoner, to be given in connection with the facts stated by them, we are unable to discover any error in tbe shape in which the question is presented by the record.…

2Cases cited5 opinions

  1. Florey's Executors v. FloreySupreme Court of Alabama · 1854
  2. Roberts v. TrawickSupreme Court of Alabama · 1848
  3. Norris v. StateSupreme Court of Alabama · 1849
  4. Mallory v. StodderSupreme Court of Alabama · 1844
  5. Maher v. StateSupreme Court of Alabama · 1834

3Cited by25 opinions

  1. Goodwin v. StateIndiana Supreme Court · 1883
  2. Parrish v. StateSupreme Court of Alabama · 1903
  3. Ford v. StateSupreme Court of Alabama · 1882
  4. State v. PikeSupreme Court of New Hampshire · 1870
  5. Beaubien v. CicotteMichigan Supreme Court · 1864

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