Brown v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. Jerome S. Brown was convicted of levying blackmail, and appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. Jerome S. Brown was convicted of levying blackmail, and appeals. The first count was as follows (omitting formal charging part) : Jerome S. Brown and J. T. Howie levied blackmail on Smith Cullom, Jr., by threatening to make a disclosure by publication injurious to the character of said Smith Culloni, Jr., for the purpose of getting money from said Smith Cuilom, Jr., or other benefits, contrary to the statutes in such case made and provided. The following are the charges marked refused to the defendant: (E) Unless you believe…
1Opinion of the CourtBrown, J.
(1, 2) The appellant was convicted of the crime denounced by section 6391, Code 1907. The verdict responded to the first count only of the indictment, operating as an, acquittal as to all other counts. — Walker v. State, 91 Ala. 32, 10 South. 30. Therefore the first count is the only one inviting consideration. The statute is not merely an affirmation of the common law, but creates a .new offense. The provisions of the statute under which the first count of the indictment is framed are: “Any person who shall levy * * * blackmail on another, by * * * threatening to make * * * any disclosure, *…
2Cases cited16 opinions
- Burton v. StateSupreme Court of Alabama · 1894
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Stone v. StateSupreme Court of Alabama · 1894
- Ferguson v. StateSupreme Court of Alabama · 1901
- Pitts v. StateSupreme Court of Alabama · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wilkins v. StateAlabama Court of Appeals · 1940
- Ex Parte MesserSupreme Court of Alabama · 1933
- Whitehead v. StateAlabama Court of Appeals · 1918
- Cowart v. StateAlabama Court of Appeals · 1917
- Great American Ins. Co. v. DoverSupreme Court of Alabama · 1930
11 more not listed; retrieve them via the Exa API.