Knight v. State
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. A. H. Alston. Tbe judgment of tbe court is as follows: “April 18, 1906. On tbis day came W. B. Bolling, solicitor of tbe Fifth judicial circuit of Alabama, and also comes tbe defendant in bis own proper person and by bis attorney, and being arraigned upon said indictment and for bis plea thereto tbe defendant says that be is not guilty.
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Appeal from Coosa Circuit Court. Heard before Hon. A. H. Alston. Tbe judgment of tbe court is as follows: “April 18, 1906. On tbis day came W. B. Bolling, solicitor of tbe Fifth judicial circuit of Alabama, and also comes tbe defendant in bis own proper person and by bis attorney, and being arraigned upon said indictment and for bis plea thereto tbe defendant says that be is not guilty. Issue being joined upon said plea, and after bearing the evidence, thereupon came a jury, etc., who upon their oaths say: 'We, tbe jury, find the defendant guilty as charged in the indictment! It is therefore…
1Opinion of the CourtSimpson, J.
The. defendant in this case was convicted under an indictment charging embezzlement. No demurrer was interposed to the indictment, nor any supposed defects brought to the attention of the court in any legal way. — Code 1896, § 4895; 10 Ency. PI. & Pr. 564. The record sufficiently shows a continuous proceeding and the presence of the defendant throughout the trial. — Sudduth v. State, 124 Ala. 32, 27 South. 487. The arraignment is also sufficiently shown. — Fernandez & White v. State, 7 Ala. 511.
It is claimed that there is a variance between the allegations in the indictment and the proof, in…
2Cases cited12 opinions
- Fernandez v. StateSupreme Court of Alabama · 1845
- Burney v. StateSupreme Court of Alabama · 1888
- Crittenden v. StateSupreme Court of Alabama · 1901
- Lowe v. StateSupreme Court of Alabama · 1901
- Franklin v. StateSupreme Court of Alabama · 1875
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3Cited by9 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Agar v. StateIndiana Supreme Court · 1911
- Boyd v. StateAlabama Court of Appeals · 1962
- Hornsby v. StateAlabama Court of Appeals · 1917
- Roden v. StateAlabama Court of Appeals · 1912
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