Jeffries v. State
Supreme Court of Alabama
From the Circuit Court of Greene. Tried before the Hon. James Cobbs. The defendants in this case, who were freedmen, were indicted at the October term of said circuit court, 1865, for the larceny of two mules; were tried and convicted at the same term, and sentenced to ten years’ imprisonment in the' penitentiary.
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From the Circuit Court of Greene. Tried before the Hon. James Cobbs. The defendants in this case, who were freedmen, were indicted at the October term of said circuit court, 1865, for the larceny of two mules; were tried and convicted at the same term, and sentenced to ten years’ imprisonment in the' penitentiary. At the January term of this court, 1866, the judgment of said circuit court was reversed, at the instance of the prisoners, and the cause remanded ; and it was further ordered, “that the defendants be retained in custody by the sheriff, until discharged by due course of law.”— See…
1Opinion of the CourtA. I. Waller, C. J.
We regard it as well established law in this State, that a prisoner may waive his constitutional immunity against being a second time placed in jeopardy, and that he does make such waiver, when, by a proceeding instituted by himself, he procures a reversal of his conviction. - Hughes v. The State, 35 Ala. 347; Cobia v. The State, 16 Ala. 781; State v. Hughes, 2 Ala. 102; State v. Abram, 4 Ala. 272; Ned v. The State, 7 Porter, 187; State v. Phil, 1 Stewart, 31. The fact that the prisoner had suffered a portion of the prescribed imprisonment, before the reversal of his case, can not change the…
2Cases cited6 opinions
- Cobia v. StateSupreme Court of Alabama · 1849
- Ned v. StateSupreme Court of Alabama · 1838
- State v. HughesSupreme Court of Alabama · 1841
- State v. PhilSupreme Court of Alabama · 1827
- Collins v. SeaySupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Lopez v. KilligrewIndiana Supreme Court · 1931
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1899
- Morrisette v. StateSupreme Court of Alabama · 1884
- Kendall v. StateSupreme Court of Alabama · 1880
- Reynolds v. StateAlabama Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.