Thomas v. State
Supreme Court of Alabama
Appeal from Sumter County Court. Tried before Hon. W. R. HeLoach. Appellant was tried and convicted for petit larceny. The prosecution was commenced by a complaint sworn out before the judge of the county court. The complaint did not end with the words “against the peace and dignity of the State of Alabama.”
Read the full summary
Appeal from Sumter County Court. Tried before Hon. W. R. HeLoach. Appellant was tried and convicted for petit larceny. The prosecution was commenced by a complaint sworn out before the judge of the county court. The complaint did not end with the words “against the peace and dignity of the State of Alabama.” The defendant demurred to the complaint on the ground that it fails to allege that the offense of which he was charged was “against the peace and dignity of the State of Alabama.” This demurrer was overruled, and the defendant duly excepted. The evidence introduced for the State tended to…
1Opinion of the CourtHaralson, J.
Section. 12 of the Bill of Rights of the constitutions of 1819 and 1861, of this State, provided that “no person shall, for any indictable offense, be proceeded against criminally,by information, except in cases arising in the land and naval forces, or the militia when in actual service, or by leave of the court for oppression or misdemeanor in office.”
The constitution of 1865, contains this same provision with the following added thereto : “Provided, That in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy and other misdemeanors, the General…
2Cases cited1 opinion
- Sale v. StateSupreme Court of Alabama · 1881
3Cited by17 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Simpson v. StateSupreme Court of Alabama · 1895
- Kennedy v. StateAlabama Court of Appeals · 1958
- State ex rel. Mullis v. MathewsSupreme Court of Alabama · 1953
12 more not listed; retrieve them via the Exa API.