Legal Opinion

Daniels v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 2 opinions

Erom the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The defendant in this case was indicted, by the name of George Daniels, for a trespass on the premises of Sebert J ordan, “ after having been warned, within six months preceding, not to do so.” He stood mute when arraigned, and the court thereupon entered the plea of not guilty for him.

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Erom the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The defendant in this case was indicted, by the name of George Daniels, for a trespass on the premises of Sebert J ordan, “ after having been warned, within six months preceding, not to do so.” He stood mute when arraigned, and the court thereupon entered the plea of not guilty for him. On the trial, as appears from the bill of exceptions, the court allowed said Sebert Jordan, the owner of the premises trespassed upon, to testify as a witness for the prosecution. The defendant objected to the competency of said Jordan as a…

1Opinion of the CourtManning, J.

When a person under indictment is not correctly named, he must take advantage of the error by plea in abatement, and in the plea state what the true name is; for, if he does not do this, he will be conclusively holden to be the person in the indictment mentioned. — 1 Bishop’s Crim. Pro. § 677. He can not relieve himself from this consequence by refusing to plead at all. If, on being arraigned, he “refuses or neglects to plead, or stands mute, the court must cause the plea of not guilty to be entered for him.” — Code of 1876, § 4870 (4169). The appellant, in this cause, was, moreover, defended…

2Cases cited2 opinions

  1. Northcot v. StateSupreme Court of Alabama · 1869
  2. Hall v. StateSupreme Court of Alabama · 1875

3Cited by2 opinions

  1. Bohannon v. StateSupreme Court of Alabama · 1882
  2. Wilson v. StateSupreme Court of Alabama · 1949

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