State v. Brown
Supreme Court of Alabama
On points reserved. From the Circuit Court of Russell County. The prisoner was tried, and convicted of slave-stealing, at the last Fall term of the Circuit Court of Russell County, and received sentence of death. It was moved, in arrest of judgment — ■ 1st. That the indictment did not conclude against the form of the statute, in such case made and provided. 2ndly.
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On points reserved. From the Circuit Court of Russell County. The prisoner was tried, and convicted of slave-stealing, at the last Fall term of the Circuit Court of Russell County, and received sentence of death. It was moved, in arrest of judgment — ■ 1st. That the indictment did not conclude against the form of the statute, in such case made and provided. 2ndly. That there was no allegation in the indictment, of the slaves having been stolen out of or from the possession of the owner or overseer of such slaves. The motion was overruled, but the questions arising on the same, were reserved,…
1Opinion of the CourtGoldthwaite, J.
— For the prisoner, it has been argued, that the statute of eighteen hundred and seven,* does not include capital felonies, in as much as trespasses alone, are designated; and that the words, “or other of enees, whatsoever,” which, in the statute, follow immediately after trespasses, ought not to extend the construction beyond the generic class of of-fences therein named.
The statute is thus: “ Ho person, accused of any criminal offence, shall be set at liberty and absolutely discharged, before his trial, on account of any irregularity or informality, in the warrant of commitment; nor after…
2Cited by10 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Grattan v. StateSupreme Court of Alabama · 1882
- Gayden v. StateAlabama Court of Appeals · 1954
- Turnipseed v. StateSupreme Court of Alabama · 1844
- Ex Parte StollenwerckSupreme Court of Alabama · 1918
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