State v. Lassley
Supreme Court of Alabama
Error to the Circuit court of Cherokee. Indictment for playing at cards — tried before Judge Shortridge. Plea, not guilty. Verdict, guilty. Defendant moved to arrest the judgment, on the grounds — That the grand jury were not sworn; and that the indictment was defective.
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Error to the Circuit court of Cherokee. Indictment for playing at cards — tried before Judge Shortridge. Plea, not guilty. Verdict, guilty. Defendant moved to arrest the judgment, on the grounds — That the grand jury were not sworn; and that the indictment was defective. The indictment contained three counts; the second of which did not allege a day certain, on which the offence alleged was committed — which motion the court declined hearing, on account of the defendant’s not being personally present in court.
1Opinion of the CourtCollier, C. J.
— The defendant was - indicted for playing at a game with cards, at a place forbidden by law — and pleaded not guilty.
*527After conviction, Ms counsel moved in arrest of judgment—
First. It did not appear that the jury were regularly sworn and empanneled.
Second. The indictment was insufficient.
But the court refused to consider of the motion, unless the defendant himself appeared in court; and thereupon, referred as novel and difficult, for the decision of this court — -the'propriety of its refusal to entertain the motion in arrest of judgment, and the sufficiency of the reasons therefor., as…
2Cited by3 opinions
- Montgomery v. StateSupreme Court of Alabama · 1867
- Morgan v. StateSupreme Court of Alabama · 1851
- Baker v. StateSupreme Court of Alabama · 1857