Lyman v. State
Supreme Court of Alabama
Appeal from Criminal Court of Dallas. Tried before Hon. George H. Craig. Appellant was tried and convicted for an assault upon Andrew J. Baxley, witlr intent to murder, &c., and sentenced to tb e penitentiary for ten years.
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Appeal from Criminal Court of Dallas. Tried before Hon. George H. Craig. Appellant was tried and convicted for an assault upon Andrew J. Baxley, witlr intent to murder, &c., and sentenced to tb e penitentiary for ten years. On bis appeal, this court reversed tbe judgment and sentence, and remanded tbe cause for a new trial, at tbe January term, 1871. In tbe opinion then debvered, tbe indictment was held sufficient, it being in tbe form given in tbe Revised Code, but this court held that tbe court below erred in excluding, at tbe instance of the State, one Parsons, a juror, who bad been…
1Opinion of the CourtPeck, C. J.
The eleventh section of the bill of rights declares, “ that no person shall, for the same offense, be twice put in jopardy of fife or limb.”
To constitute jeopardy, in the sense here used, it is not necessary there should be an actual conviction or acquittal.
The rule on this subject, as I understand it, is, that in a *693case of felony a prisoner is put in jeopardy, in a legal sense, when he is put upon his trial on a good indictment, has been arraigned and pleaded not guilty, or the plea of not guilty has been entered for him by the court, and a lawful jury is duly impanneled and sworn and…
2Cases cited5 opinions
- Ned v. StateSupreme Court of Alabama · 1838
- Eskridge v. StateSupreme Court of Alabama · 1854
- State v. WilliamsSupreme Court of Alabama · 1831
- Morris v. StateSupreme Court of Alabama · 1854
- Butler v. StateSupreme Court of Alabama · 1853
3Cited by11 opinions
- Morris v. StateCourt of Criminal Appeals of Alabama · 1971
- Wade v. StateSupreme Court of Alabama · 1874
- Artrip v. StateAlabama Court of Appeals · 1962
- Murray v. StateSupreme Court of Alabama · 1924
- Curtis v. StateAlabama Court of Appeals · 1913
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