Legal Opinion

Danzey v. State

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 26 opinions

Appeal from tlie City Court of Henry. Tried before the Hon. John P. Hubbard. The appellant, James Danzey, was jointly indicted with Festus McClenny and William Fuller for robbery. Before the trial of the defendant Danzey the other defendants were acquitted and James Danzey, was tried .alone. The indictment contained two counts.

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Appeal from tlie City Court of Henry. Tried before the Hon. John P. Hubbard. The appellant, James Danzey, was jointly indicted with Festus McClenny and William Fuller for robbery. Before the trial of the defendant Danzey the other defendants were acquitted and James Danzey, was tried .alone. The indictment contained two counts. The first •count was as follows: “The grand jury of said county charge that before the finding of this indictment that James Danzey, 'William Fuller and Festus McOlenney feloniously took thirty-seven hundred dollars in money of the United States of America, a…

1Opinion of the CourtSHAllPE, J.

The question argued as to whether the adjourned term at which the defendant was tried was ended by the commencement of the period for holding-court in Covington county is not well raised. Notwithstanding the bill of exceptions shows that the trial was in progress during some part of Monday the 13th of November, it may be for all that appears, that it was completed before 12 o’clock of that day, which was the time fixed by statute for commencing the Covington court. It is shown that on Tuesday the defendant objected to being further tried and moved to be discharged but how the motion was…

2Cases cited1 opinion

  1. People v. ShulerCalifornia Supreme Court · 1865

3Cited by26 opinions

  1. Haney v. StateCourt of Criminal Appeals of Alabama · 1991
  2. Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
  3. Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
  4. Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
  5. Lowman v. StateSupreme Court of Alabama · 1909

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