Jackson v. State
Supreme Court of Alabama
Appeal from the County Court of Elmore. Tried before the Hon. H. J. Lancaster. The prosecution in this case was commenced by an affidavit purporting to be made before the judge of the county court of Elmore county, charging the appellant, Phill Jackson, with having committed an assault and battery upon one Lindsey Jeter.
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Appeal from the County Court of Elmore. Tried before the Hon. H. J. Lancaster. The prosecution in this case was commenced by an affidavit purporting to be made before the judge of the county court of Elmore county, charging the appellant, Phill Jackson, with having committed an assault and battery upon one Lindsey Jeter. It is shown by the record that the defendant interposed a plea in abatement to the affidavit and warrant, upon the ground that they were insufficient for the institution of the prosecution. The cause was tried by the court without the intervention of the jury. The bill of…
1Opinion of the CourtTyson, J.
While the record discloses a plea in abatement to the affidavit, upon which the defendant was arrested and tried, it does not show any disposition whatever of the plea. The judgment entry affirmatively shows that issue was joined upon the plea of not guilty, which excludes any assumption that the issue was joined on the plea in abatement. There is, therefore, no room for the application of the principle that the finding of the court was erroneous in failing to respond to the issue presented by the plea in abatement. — Dannelley v. State, 130 Ala. 132, 135.
No error appearing on the record, the…
2Cases cited1 opinion
- Dannelley v. StateSupreme Court of Alabama · 1900
3Cited by7 opinions
- Baker v. StateSupreme Court of Alabama · 1923
- Doss v. Wadsworth Red Ash Coal Co.Supreme Court of Alabama · 1914
- Toney v. StateAlabama Court of Appeals · 1916
- Providence Saving Life Insurance Society v. PruettSupreme Court of Alabama · 1908
- Fraser v. State Ex Rel. BiggsSupreme Court of Alabama · 1927
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