Burdine v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. Alex. B. Clitheball. The indictment in tliis case was as follows : “ The State oe Alabama, ) In the Circuit Court, Pickens County.
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Appeal from the Circuit Court of Pickens. Tried before the Hon. Alex. B. Clitheball. The indictment in tliis case was as follows : “ The State oe Alabama, ) In the Circuit Court, Pickens County. Í Spring Term, 1854. “The grand jury of said county charge, that, before the finding of this indictment, Stephen D. Swallow, D. "W. Hun-ley, James T. Burdine, James A. Sanders, and John H. Thomas, played at a game with cards, or dice, or at some device or substitute therefor, at a tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were, at the time,…
1Opinion of the Court
GOLDTHWAITB, J. —
The form of the indictment is in accordance with section 3506 of the Code, which provides, that where offences are of the same character, and subject to the same punishment, the defendant may be charged with the commission of either in the same count, in the alternative. The objection to this provision, urged on the part of the appellant, is, that it is in violation of the tenth section of the first article of our bill of rights, which entitles the accused to be informed of the nature and cause of the accusation, and to have a copy thereof. The object of this clause of the…
2Cases cited2 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Clarke v. StateSupreme Court of Alabama · 1847
3Cited by15 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Grattan v. StateSupreme Court of Alabama · 1882
- Horton v. StateSupreme Court of Alabama · 1875
- Lucas v. StateSupreme Court of Alabama · 1905
- Thomas v. StateSupreme Court of Alabama · 1895
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