Legal Opinion

Moss v. State

Supreme Court of Alabama

Decided June 15, 1868PublishedCited by 30 opinions

Appeal from the Circuit Court of Lowndes. Tried before Hon. George. Goldthwaite. The questions of law decided in the case, will be sufficiently understood from the opinion of the court.

1Opinion of the CourtA. J. Walker, C. J.

In the very singular condition of the record in this case, it is difficult to decide whether the accused was tried under an indictment, or an informal charge brought by appeal from the county court. It • is immaterial to enquire how that was. In either aspect there must be a reversal. There is no indictment, or finding of an indictment, shown in the transcript. If it be deemed a proceeding by indictment, certainly the conviction can not be sustained.

It is equally certain that the conviction is not good in the absence of a brief written statement of the accusation, if the case be regarded as…

2Cited by30 opinions

  1. Spicer v. StateSupreme Court of Alabama · 1881
  2. Martin v. StateSupreme Court of Alabama · 1899
  3. Stegall v. StateCourt of Criminal Appeals of Alabama · 1993
  4. Haynes v. StateAlabama Court of Appeals · 1912
  5. Perry v. StateAlabama Court of Appeals · 1919

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