Turk v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Butler. Tried before the Hon. J. C. Richardson. At the Spring Term, 1902, of the circuit court of Butler county, the grand jury preferred an indictment against the appellant in this case and others, ivhich was in words and figures as follows: “The grand jury of said county charge that before the finding of this indictment Charlie Turk, Lovett Turk and Zeb Turk, unlawfully and with malice aforethought, did assault Frank Phillips with the…
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Appeal from tlie Circuit Court of Butler. Tried before the Hon. J. C. Richardson. At the Spring Term, 1902, of the circuit court of Butler county, the grand jury preferred an indictment against the appellant in this case and others, ivhich was in words and figures as follows: “The grand jury of said county charge that before the finding of this indictment Charlie Turk, Lovett Turk and Zeb Turk, unlawfully and with malice aforethought, did assault Frank Phillips with the intent to murder, against .the peace and dignity of the State of Alabama.” ■ ■ The. case was called for trial, and after the…
1Opinion of the Court
McOLELLAN, O. J.
The pleading of defendants, held by the circuit court to he insufficient in law, was not a motion to quash the indictment, but a plea of former jeopardy in bar of this prosecution. The demurrer of the State to this pleading was upon the ground only “that the plea shows no reason in law why the indictment in this case should he quashed.” This assignment is, in the first place, inaptly expressed; and in the next place it is essentially a general demurrer. It might well have been overruled on the latter ground. — Code, § 3303.
*113We are further, however, of the opinion that the plea…
2Cases cited1 opinion
- Murdock v. StateSupreme Court of Alabama · 1880
3Cited by9 opinions
- Savage v. StateAlabama Court of Appeals · 1921
- Flanigan v. StateSupreme Court of Alabama · 1946
- Mitchell v. StateAlabama Court of Appeals · 1918
- Harris v. StateSupreme Court of Alabama · 1946
- Buchanan v. StateAlabama Court of Appeals · 1913
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