Moody v. State
Supreme Court of Alabama
From tbe Circuit Court of Jackson. Tried before tbe Hon. Louis Wyeth. The indictment in this case charged the defendant with retailing spirituous liquors without a license.
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From tbe Circuit Court of Jackson. Tried before tbe Hon. Louis Wyeth. The indictment in this case charged the defendant with retailing spirituous liquors without a license. At the trial, as the judgment-entry recites, “ comes also the defendant, in his own proper person, who, upon hearing the indictment read, pleads, in short by consent, former acquittal, and not guilty; upon which pleas issue is joined by the State, and both pleas are submitted to the jury at the same time.” Thereupon came a jury, &c., who returned a verdict of guilty, but did not pass on the other plea; and the court…
1Opinion of the CourtManning, J.
In Dominick v. The State (40 Ala. 680), upon an indictment for obtaining goods by false pretenses, “ on the trial the defendant pleaded, in short by consent, former acquittal, and not guilty; upon which pleas issue was joined by the State, and both pleas [issues] were submitted to the jury at the same time.” This is precisely what was done in the cause now before us. The court said: “ The defendant who pleads the two pleas together, thus tendering the two issues together, and goes to trial upon them together, without objection, must be presumed, in such a case as this, to waive the…
2Cases cited1 opinion
- Dominick v. StateSupreme Court of Alabama · 1867
3Cited by12 opinions
- DeArman v. StateSupreme Court of Alabama · 1884
- Spraggins v. StateSupreme Court of Alabama · 1903
- Parsons v. StateSupreme Court of Alabama · 1913
- Pratt v. StateCourt of Criminal Appeals of Alabama · 1972
- Rickles v. StateSupreme Court of Alabama · 1881
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