Cobb v. State
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Dennis Cobb was convicted of burglary and grand larceny and he appeals. The defendant was 15 years old, and was committed to jail under a mittimus from the juvenile court, and held to await the action of the grand jury. A grand jury met, investigated many charges, and adjourned without returning an indictment against the defendant.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Dennis Cobb was convicted of burglary and grand larceny and he appeals. The defendant was 15 years old, and was committed to jail under a mittimus from the juvenile court, and held to await the action of the grand jury. A grand jury met, investigated many charges, and adjourned without returning an indictment against the defendant. The case was not marked continued for further investigation, and the grand jury did not request the court to make any order continuing said charge, and, after the adjournment or recess of the grand…
1Opinion of the CourtMerritt, J.
The defendant was indicted by the grand jury of Montgomery county for burglary and grand larceny. He was convicted by a jury and sentenced to the penitentiary for a term of from 2 to 4 years.
[1-4] The court properly overruled the defendant’s motion to quash the indictment. This was a new charge against the defendant, and the fact that the mittimus under the former charge was.functus officio in no wise worked a discontinuance of this case. The testimony showed that the defendant was 15 years old. This being true, the confessions as made to the witness Lillian Dungee were, under Code 1907, §…
2Cases cited1 opinion
- Felder v. StateAlabama Court of Appeals · 1920
3Cited by3 opinions
- Allen v. StateAlabama Court of Appeals · 1963
- Ex parte EllisAlabama Court of Appeals · 1964
- Jackson v. StateAlabama Court of Appeals · 1954