White v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. Jas. E. Cobb. The indictment in this case, which was found at the Spring term, 1883, charged, “that John White, a white man, and Emma Dauby, a negro woman, did live together in a state of adultery or fornication.”
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Appeal from the Circuit Court of Randolph. Tried before the Hon. Jas. E. Cobb. The indictment in this case, which was found at the Spring term, 1883, charged, “that John White, a white man, and Emma Dauby, a negro woman, did live together in a state of adultery or fornication.” A nolle pros, was entered as to the woman ; and the defendant White, “ before pleading to the indictment,” as the bill of exceptions states, “moved the court to quash said indictment, because it was not indorsed filed, and because it did not appear that the same was returned into open court by the foreman of the grand…
1Opinion of the CourtBricicell, C. J.
— 1. There was no error in the action of the Circuit Court in refusing to cpiash the indictment upon the motion of the appellant. The entertaining of a motion to quash is, as a general rule, in the sound discretion of the lower court, and not revisable by this court on appeal. — State v. Jones, 5 Ala. 666. In Nixon v. State, 68 Ala. 535, it was left undecided by the court, whether or not there might be cases in which a refusal to quash an indictment upon motion would be revisable ; but we are clearly of opinion that the present is not such a case.
2. The second, third, fourth and fifth charges…
2Cases cited3 opinions
- Nixon v. StateSupreme Court of Alabama · 1881
- State v. JonesSupreme Court of Alabama · 1843
- State v. HintonSupreme Court of Alabama · 1844
3Cited by9 opinions
- Whittle v. StateSupreme Court of Alabama · 1921
- Flippo v. StateCourt of Criminal Appeals of Alabama · 1972
- Daniel v. StateSupreme Court of Alabama · 1907
- Linton v. StateSupreme Court of Alabama · 1889
- State v. ByrumNebraska Supreme Court · 1900
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