State v. Nelson
Supreme Court of Alabama
From the Circuit Court of Barbour, on questions reserved as novel and difficult. The prisoner was indicted in Henry county for an assault, with intent to kill, committed on Williams. A change of venue was had to Barbour county, where, at the Spring Term, 1844, the proceedings were had, out of which the questions referred to this Court, arose.
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From the Circuit Court of Barbour, on questions reserved as novel and difficult. The prisoner was indicted in Henry county for an assault, with intent to kill, committed on Williams. A change of venue was had to Barbour county, where, at the Spring Term, 1844, the proceedings were had, out of which the questions referred to this Court, arose. It appears from the record, that the prisoner interposed a a plea of autrefois convict, and in this he sets out his former trial and conviction, upon an indictment for an assault, with intent to commit murder on one Williams, but in which indictment…
1Opinion of the CourtGoldthwaite, J.
— Although it may admit of question, whether we are authorized to look into the bill of exceptions allowed at a different Term, from that in which the conviction was had, yet, as the case here has been chiefly argued on the facts therein disclosed, we shall .consider the questions as if the same facts otherwise appeared on the record.
1. The first point which then a rose was, whether the overruling of the demurrer interposed by the State to the defendant’s plea of autrefois convict, was sufficient to warrant his discharge. This question, it is true, is not raised here, but in a case of this…
2Cases cited1 opinion
- State v. WilliamsSupreme Court of Alabama · 1831
3Cited by12 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Foster v. StateSupreme Court of Alabama · 1864
- Bell v. StateSupreme Court of Alabama · 1870
- Dominick v. StateSupreme Court of Alabama · 1867
- Parsons v. StateSupreme Court of Alabama · 1913
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