Legal Opinion

Stinson v. State

Alabama Court of Appeals

Decided January 18, 1912PublishedCited by 7 opinions

Appeal from Shelby County C'onrt. Heard before Hon. E. S. Lyman. Furman Stinson was convicted of larceny and he appeals. No brief reached the Reporter.

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Appeal from Shelby County C'onrt. Heard before Hon. E. S. Lyman. Furman Stinson was convicted of larceny and he appeals. No brief reached the Reporter. The defendant is estopped by his own action from setting up former jeopardy. — Stone v. The State, 160 Ala. 94; Noel v. The State, 161 Ala. 25; Gunter v. The State, 88 Ala. 96. In any event, the plea was subject to the demurrers interposed. — Gross v. The State, 117 Ala. 73; Hollis v. The State, 123 Ala. 74; Black v. The State, 123 Ala. 78. The statement of defendant was in the nature of a confession and was therefore, admissible. — Burton v.…

1Opinion of the CourtWalker, P. J.

A defendant is estopped to plead as a former jeopardy the institution of a previous proceeding against him on the same charge which he procured to be dismissed on the ground substantially that he could not be held and tried on the warrant against-him issued in that proceeding, whether or not such dismissal was proper. The court, having, at the defendant’s instance, been led to treat that former proceeding as one which was not legally maintainable, may decline to entertain a subsequent inconsistent suggestion from him, by plea or otherwise, that the same proceeding constituted a legal and…

2Cases cited9 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1883
  2. McDonald v. StateSupreme Court of Alabama · 1910
  3. Noel v. StateSupreme Court of Alabama · 1909
  4. Sanders v. StateSupreme Court of Alabama · 1906
  5. State v. McFarlandSupreme Court of Alabama · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. BrownNew York Court of General Session of the Peace · 1912
  2. Williams v. StateCourt of Criminal Appeals of Alabama · 1986
  3. Vowell v. StateAlabama Court of Appeals · 1924
  4. Bedingfield v. StateAlabama Court of Appeals · 1931
  5. Howard v. StateAlabama Court of Appeals · 1940

2 more not listed; retrieve them via the Exa API.

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