Baker v. State
Supreme Court of Alabama
Eeom the City Court of Mobile. Tried before the Hon. Alex. MoKiNStey. The indictment in this ease was in these words : “The grand jury of said county charge, that before the finding of this indictment, 'William Baker, being then and there the father of one Elizabeth Baker, and within the degree of consanguinity within which marriages are declared by law to be incestuous and void, and then and there knowing the said Elizabeth Baker to be his daughter, did then and there live…
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Eeom the City Court of Mobile. Tried before the Hon. Alex. MoKiNStey. The indictment in this ease was in these words : “The grand jury of said county charge, that before the finding of this indictment, 'William Baker, being then and there the father of one Elizabeth Baker, and within the degree of consanguinity within which marriages are declared by law to be incestuous and void, and then and there knowing the said Elizabeth Baker to be his daughter, did then and there live with the said Elizabeth Baker in a state of adultery, against the peace and dignity of the State of Alabama. “The grand…
1Opinion of the CourtWalker, J.
Tbe first count in tbe indictment conforms strictly to tbe forms laid down in tbe Code, and must, therefore, be deemed good. — Noles v. The State, 24 Ala. 672.
We do not decide that tbe second count in tbe indictment would or would not be maintainable on demurrer; but, conceding that it is not, tbe judgment of tbe court below must be affirmed. Tbe defendant pleaded not guilty generally to tbe entire indictment. Tbe verdict was a general one of guilty as charged in tbe indictment. It is well settled, that where an indictment contains a good and a bad count, a general finding will be referred to…
2Cases cited4 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Morgan v. StateSupreme Court of Alabama · 1847
- State v. BrileySupreme Court of Alabama · 1839
- State v. LassleySupreme Court of Alabama · 1838
3Cited by5 opinions
- State v. . SaulsSupreme Court of North Carolina · 1925
- Brown v. StateSupreme Court of Florida · 1900
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1941
- State v. BullingerSupreme Court of Missouri · 1873
- Wash v. StateMississippi Supreme Court · 1872