State v. Kreps
Supreme Court of Alabama
Upon points referred from the Circuit Court of Randolph. The defendant was indicted in the Circuit Court of Talladega, for breaking and entering the storehouse of Alfred Wood and Nelson Wood, and stealing therein “ one gold watch of the value of two hundred dollars, ten silver watches of the value of fifty dollars each, one bank bill of the denomination of fifty dollars, issued by the Bank of Mobile* of the value of fifty dollars, all of the the proper goods and chattels of…
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Upon points referred from the Circuit Court of Randolph. The defendant was indicted in the Circuit Court of Talladega, for breaking and entering the storehouse of Alfred Wood and Nelson Wood, and stealing therein “ one gold watch of the value of two hundred dollars, ten silver watches of the value of fifty dollars each, one bank bill of the denomination of fifty dollars, issued by the Bank of Mobile* of the value of fifty dollars, all of the the proper goods and chattels of the said Alfred Wood and Nelson Wood.” Upon the application of the accused the venue was-changed to Randolph, where he…
1Opinion of the CourtCollier, C. J.
It is enacted by the 11th section of the 8th chapter of the Penal Code, that “ whenever, in the progress of a criminal trial, it shall be found, that there is such a material variance between the allegations of the indictment, and the proof adduced, as will for that cause authorize the acquittal of the accused, and he shall not assent to the amendment of the indictment, so as to correspond with the proof, it shall be lawful for the solicitor, with the leave of the Court to enter a nolle prosequi at any time before the jury shall retire, and prefer another indictment at the same or any…
2Cases cited2 opinions
- State v. HughesSupreme Court of Alabama · 1841
- State v. WilliamsSupreme Court of Alabama · 1831
3Cited by9 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- State ex rel. Butler v. MoiseSupreme Court of Louisiana · 1895
- McGehee v. StateSupreme Court of Alabama · 1877
- Walker v. StateSupreme Court of Alabama · 1878
- Foster v. StateSupreme Court of Alabama · 1863
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