Pentecost v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. PI. C. Speaicb. The 'appellant was convicted under an indictment charging him with allowing a prisoner to escape..
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Appeal from the Circuit Court of Madison. Tried before the Hon. PI. C. Speaicb. The 'appellant was convicted under an indictment charging him with allowing a prisoner to escape.. Upon the trial, as is shown by the bill of. exceptions, the state introduced J. P. Powell as a witness ; and after he had testified that he was the sheriff of Madison county, the solicitor asked him, ‘ When the office of SidnejPentecost, as deputy sheriff, began, and to state whether or not he had given said Pentecost written authority to act as his deputy?” The defendant objected to this question on the ground that…
1Opinion of the CourtPiaralson, J.
1. There was no error in allowing the sheriff to testify that he had given the defendant written authority to act as his deputy. The statute— Code, § 809 — requires a sheriff to have at least one *91deputy. There is nothing in the statutes requiring the appointment to he in writing. At common law it might he made by parol, a power regarded as incident to the nature of the office, as being in furtherance of justice, and indispensable to the full and complete discharge of its duties. — McGee v. Eastis, 3 Stew. 308; Harris v. Bradford, 4 Ala. 220 ; Miller v. McMillen, lb. 530 ; Pond v. Vandereer,…
2Cases cited12 opinions
- Cary v. StateSupreme Court of Alabama · 1884
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Diggs v. StateSupreme Court of Alabama · 1873
- Schloss v. HewlettSupreme Court of Alabama · 1886
- Moore v. StateSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Dover v. StateCourt of Criminal Appeals of Texas · 1917
- Mason v. StateCourt of Criminal Appeals of Texas · 1914
- Baker v. StateAlabama Court of Appeals · 1951
- Bush v. StateAlabama Court of Appeals · 1923
8 more not listed; retrieve them via the Exa API.