Legal Opinion

Allen v. State

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 21 opinions

Appeal from tlie City Court of Montgomery. Tried before the Hon. William H. Ti-iomas. Tbe indictment under which the appellant in this case was tried and convicted was in the following words; “The grand jury of said county charge that before the finding of this indictment Richard Allen feloniously took and carried away from a warehouse three caddies of tobacco of the value of ten dollars, the personal property of the Western Railway of Alabama, a corporation under the laws…

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Appeal from tlie City Court of Montgomery. Tried before the Hon. William H. Ti-iomas. Tbe indictment under which the appellant in this case was tried and convicted was in the following words; “The grand jury of said county charge that before the finding of this indictment Richard Allen feloniously took and carried away from a warehouse three caddies of tobacco of the value of ten dollars, the personal property of the Western Railway of Alabama, a corporation under the laws of the State of Alabama, against the peace and dignity of the State of Alabama.” On the trial of the, case it was shown…

1Opinion of the CourtHaralson, J.

1. The State challenged one of the twelve men on the jury, leaving eleven. The court then instructed defendant to pass oni the eleven remaining, as to whether he was satisfied with them or not. The defendant objected to this, and moved the court to have the jury filled to twelve men before he was required to pass on any of them. The court overruled the motion, and in this there was no error. — Wilson v. State, 31 Ala. 371; Barker v. Bell, 49 Ala. 284; Schieffelin v. Schieffelin, 127 Ala. 14.

2. After the defendant had challenged two of the jurors, leaving ten bn the panel, one of the ten made…

2Cases cited7 opinions

  1. McLean v. StateSupreme Court of Alabama · 1849
  2. Scott v. StateSupreme Court of Alabama · 1857
  3. Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
  4. Jones v. StateSupreme Court of Alabama · 1848
  5. Fowler v. StateSupreme Court of Alabama · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
  2. Lester v. JacobsSupreme Court of Alabama · 1925
  3. Shelton v. StateSupreme Court of Alabama · 1905
  4. Lucas v. StateSupreme Court of Alabama · 1905
  5. Hill v. StateSupreme Court of Alabama · 1923

16 more not listed; retrieve them via the Exa API.

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