Parsons v. State
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Dick Parsons was convicted of murder and he appeals. Counsel discuss the errors assigned, but without citation of authority.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Dick Parsons was convicted of murder and he appeals. Counsel discuss the errors assigned, but without citation of authority. The ruling on the demurrer to the plea is shown only by bill oí exceptions and cannot be reviewed. — Powell v. State, 89 Ala. 172; Peters v. State, 100 Ala. 10. The plea was lacking in two requirements. — Henry v. State, 33 AJa 338; Gross v. State, 117 Ala. 73; Hollis v. State, 123 Ala. 74; Blade v. State, 123 Ala. 78. The motion in arrest of judgment appears only in the bill of exceptions, and…
1Opinion of the CourtSomerville, J.
The defendant was convicted of the murder of Cal Parsons. On the trial he interposed pleas of forme]' jeopardy along with his plea of not guilty. On motion of the solicitor the plea of not guilty was temporarily stricken from the file, and trial was first had on the jeopardy pleas. The issue being found against defendant on these pleas, the plea of not guilty was refiled, and the trial proceeded on its merits.
Under the established practice in this state, the issue of former acquittal, conviction, or jeopardy must be tried separately and in advance of the issue of not guilty; and in felony…
2Cases cited6 opinions
- Faulk v. StateSupreme Court of Alabama · 1875
- Cooper v. StateSupreme Court of Alabama · 1889
- Moody v. StateSupreme Court of Alabama · 1877
- State v. NelsonSupreme Court of Alabama · 1845
- Durrett v. StateSupreme Court of Alabama · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Racine v. StateSupreme Court of Alabama · 1973
- Shelton v. StateSupreme Court of Alabama · 1928
- Kennedy v. StateSupreme Court of Alabama · 1913
- Shiflett v. StateAlabama Court of Appeals · 1953
- Mikell v. StateSupreme Court of Alabama · 1941
19 more not listed; retrieve them via the Exa API.