Washington & Lewis v. State
Supreme Court of Alabama
Appeal from Circuit Court of Sumter. Tried before Hon. H. T. Toulmin. The indictment in this case, which was in the form prescribed by the Revised Code, charged that before the finding thereof the defendants, Cato Washington and Ctesar Lewis, with five other persons, “unlawfully and with malice aforethought, did assault Dr. S. D. Smith with the intent to murder him, against the peace and dignity of the State of Alabama.”
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Appeal from Circuit Court of Sumter. Tried before Hon. H. T. Toulmin. The indictment in this case, which was in the form prescribed by the Revised Code, charged that before the finding thereof the defendants, Cato Washington and Ctesar Lewis, with five other persons, “unlawfully and with malice aforethought, did assault Dr. S. D. Smith with the intent to murder him, against the peace and dignity of the State of Alabama.” On the application of the defendants, Washington and Lewis, a severance was had as to them, and the trial was transferred from the county of Marengo, in which the indictment…
1Opinion of the CourtBrickell, C. J.
1. The indictment is in the form prescribed by the Code. Its sufficiency, and the power of the legislature to prescribe this, and the other forms of indictment contained in the Code, is not now an open question.
2. Before any confession can be received in evidence in a criminal case, it must be shown to the court that it was voluntary — that is, made without the appliance of hope or fear, by any other person. Whether it was so made or not is for the court to determine upon consideration of the age, condition, situation and character of the prisoner, and the circumstances surrounding him when…
2Cases cited6 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Aaron v. StateSupreme Court of Alabama · 1861
- King v. StateSupreme Court of Alabama · 1867
- Mose v. StateSupreme Court of Alabama · 1860
- Bob v. StateSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Odom v. StateSupreme Court of Alabama · 1950
- Scott v. StateSupreme Court of Alabama · 1924
- State v. RodriguezNevada Supreme Court · 1909
- McKinney v. StateSupreme Court of Alabama · 1901
9 more not listed; retrieve them via the Exa API.