Tidwell v. State
Supreme Court of Alabama
From tlie Circuit Court of Tuskaloosa. Tried before the Hon. ¥m. S. Miron. The indictment in this case was found at the October term of said court, 1880, and charged that the defendants, Hugh •Tidwell, Albert Tidwell, and John Tidwell, “unlawfully and with malice aforethought, killed Solomon S. Ford, by shooting him with a gun or pistol, or by striking him with a gun.”
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From tlie Circuit Court of Tuskaloosa. Tried before the Hon. ¥m. S. Miron. The indictment in this case was found at the October term of said court, 1880, and charged that the defendants, Hugh •Tidwell, Albert Tidwell, and John Tidwell, “unlawfully and with malice aforethought, killed Solomon S. Ford, by shooting him with a gun or pistol, or by striking him with a gun.” The defendants each pleaded not guilty, and were jointly tried on issue joined on that plea; John Tidwell being acquitted by the verdict of the jury, and the other two defendants being each found guilty of murder in the second…
1Opinion of the CourtBricnell, C. J.
The variance between the copy of the indictment served on the accused, and the original to which they pleaded, if an objection had been timely interposed, would have been sufficient cause for postponing the trial.. It was not available as an objection to the reading of the original indictment to the jury, informing them of the accusation on which they were to render a verdict.—Nutt v. State, 63 Ala. 180; Ezell v. State, 54 Ala. 165; Wade v. State, 50 Ala. 164.
2. By the common law, all crimes are local, and prosecution of them must be conducted in the county in which they are averred to have…
2Cases cited10 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- State v. MoreaSupreme Court of Alabama · 1841
- Nutt v. StateSupreme Court of Alabama · 1879
- State v. BullockSupreme Court of Alabama · 1848
- Beasley v. StateSupreme Court of Alabama · 1874
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3Cited by63 opinions
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- Hawes v. StateSupreme Court of Alabama · 1889
- Lewis v. MartinSupreme Court of Alabama · 1923
- Stokley v. StateSupreme Court of Alabama · 1950
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