Legal Opinion

Brown v. State

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 35 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, William Brown, was tried under the following indictment: “The grand jury of said county charge that before the finding of this indictment, William Brown feloniously took one two dollar United States Treasury note and thirteen dollars in the silver ‘ coin of the United States, a further description of which is to the grand jury unknown, the property of Jasper Hicks, from his person,…

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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, William Brown, was tried under the following indictment: “The grand jury of said county charge that before the finding of this indictment, William Brown feloniously took one two dollar United States Treasury note and thirteen dollars in the silver ‘ coin of the United States, a further description of which is to the grand jury unknown, the property of Jasper Hicks, from his person, and against his will by violence to his person, or by putting him in such fear as unwillingly to part with the same,…

1Opinion of the CourtHaralson, J.

1. There is nothing in the objecthat it did not appear a copy of the indictment had been served on the defendant as required by statute. It does appear, that defendant admitted in open court at the trial that at the preceding July term, 1898, when the case was set for trial but afterwards continued, he had been duly served with a copy of the indictment. This was sufficient.

2. Robbery is an offense against the person as well as well as against the property of the party robbed, — against the person by violence, and against the property by manucaption with felonious intent of taking the…

2Cases cited7 opinions

  1. Levison v. StateSupreme Court of Alabama · 1875
  2. Thomas v. StateSupreme Court of Alabama · 1890
  3. James v. StateSupreme Court of Alabama · 1896
  4. Banks v. StateSupreme Court of Alabama · 1882
  5. Leonard v. StateSupreme Court of Alabama · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1933
  3. Travis v. StateCourt of Criminal Appeals of Alabama · 1997
  4. Thomas v. StateCourt of Criminal Appeals of Alabama · 1988
  5. McCovery v. StateCourt of Criminal Appeals of Alabama · 1978

30 more not listed; retrieve them via the Exa API.

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