Legal Opinion

McDowell v. State

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 14 opinions

Appeal from the Circnt Court of Wilcox. Tried before Hon. John K. Henry. The indictment in this case, returned at the fall term, 1876, charged that “ before the finding thereof, Abe McDowell feloniously took and carried away a hog, the personal property of George Richards, against the peace,” &c. The jury found' the defendant “ guilty as charged in the indictment,” and assessed the value of the stolen property at one dollar.

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Appeal from the Circnt Court of Wilcox. Tried before Hon. John K. Henry. The indictment in this case, returned at the fall term, 1876, charged that “ before the finding thereof, Abe McDowell feloniously took and carried away a hog, the personal property of George Richards, against the peace,” &c. The jury found' the defendant “ guilty as charged in the indictment,” and assessed the value of the stolen property at one dollar. The defendant moved in arrest of judgment, on the grounds stated in the opinion. The motion was overruled, and defendant excepted. The court sentenced the defendant to…

1Opinion of the CourtManning, J.

An indictment preferred at the fall term, 1876, of Wilcox Circuit Court, against appellant, charged “ that before the finding of this indictment, Abe McDowell feloniously took and carried away a hog, the personal property of George Richards,” &e. The verdict thereupon was “ guilty as charged in the indictment.” A motion was made in arrest of judgment on the ground that it did not appear and the court could not know, by inspection of the indictment and verdict, whether the conviction was for an act committed before or after the statute of February 20th, 1875, went into operation; which statute…

2Cases cited9 opinions

  1. Noles v. StateSupreme Court of Alabama · 1854
  2. Caldwell v. StateSupreme Court of Alabama · 1876
  3. McGuire v. StateSupreme Court of Alabama · 1861
  4. Morgan v. StateSupreme Court of Alabama · 1872
  5. McIntyre v. StateSupreme Court of Alabama · 1876

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

3Cited by14 opinions

  1. Hutcherson v. StateCourt of Criminal Appeals of Alabama · 1994
  2. Ex Parte WhiteCourt of Criminal Appeals of Alabama · 1974
  3. Cox v. StateCourt of Criminal Appeals of Alabama · 1991
  4. Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
  5. Ex parte CornwellSupreme Court of Alabama · 1905

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

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