Alston v. State
Supreme Court of Alabama
Appeal from the County Court of Shelby. Tried before the Hon. John S. Leeper. . The plea of former jeopardy, described in the opinion, was demurred to on the following grounds : (1.) “Said plea fails to negative the existence of any necessity for such withdrawal as the law authorizes to sustain such plea. (2.) The said plea shows that the defendant absented himself from the court, and that in consequence thereof the cause was withdrawn from the jury.”
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Appeal from the County Court of Shelby. Tried before the Hon. John S. Leeper. . The plea of former jeopardy, described in the opinion, was demurred to on the following grounds : (1.) “Said plea fails to negative the existence of any necessity for such withdrawal as the law authorizes to sustain such plea. (2.) The said plea shows that the defendant absented himself from the court, and that in consequence thereof the cause was withdrawn from the jury.” The court sustained this demurrer. On the trial, the defendant introduced evidence tending to show that he, with others, arrested Charles…
1Opinion of the CourtColeman, J.
The defendant was arrested and brought before the county court to answer the charge of assault and battery upon Charles Weeks with a gun. The trial not having been concluded on the day on which *53it began, the court was adjourned to an hour named on the following morning. When court convened pursuant to adjournment, the defendant did not appear, and was not present to answer the charge. The case was withdrawn from the jury and the jury discharged, and the cause continued. Having been subsequently arrested, and brought before the court for trial, he entered a plea of former jeopardy. The plea…
2Cases cited17 opinions
- Pierson v. StateSupreme Court of Alabama · 1892
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- McGehee v. StateSupreme Court of Alabama · 1875
- Holland v. BarnesSupreme Court of Alabama · 1875
- Jackson v. StateSupreme Court of Alabama · 1890
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3Cited by15 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Jacks v. StateCourt of Criminal Appeals of Alabama · 1978
- Beauvoir Club v. StateSupreme Court of Alabama · 1907
- McGee v. StateAlabama Court of Appeals · 1912
- Stough Et Ux. v. StateCourt of Criminal Appeals of Oklahoma · 1942
10 more not listed; retrieve them via the Exa API.