Cross v. State
Supreme Court of Alabama
From the County Court of Jackson. Tried before the ITon. John B. Tally. The indictment in this case was found at the June' term, 1883, of the Circuit Court, and charged the defendant with living “ in a state of adultery or fornication” with Clarissa Bass.
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From the County Court of Jackson. Tried before the ITon. John B. Tally. The indictment in this case was found at the June' term, 1883, of the Circuit Court, and charged the defendant with living “ in a state of adultery or fornication” with Clarissa Bass. The case having been transferred to the County Court for trial, the defendant submitted a motion to strike the indictment from the files, “ because it was never submitted to the grand jury by the prosecuting officer of the State, but .on the contrary, although it purports to be signed by TI. C. Jones, the solicitor of said circuit, it was in…
1Opinion of the CourtSomerville, J.
The evidence set out in the bill of exceptions fails to show the relevancy of the record of the judgment of the Circuit Court of Jackson county, showing a conviction of the defendant, in February, 1877, upon his own plea of guilty, of some offense, the nature of which is not made to appear. In the absence of the indictment, upon which the conviction is based, we can not know whether it was for the act of living in adultery with the same person implicated in the preséntense or not, or whether it was for an offense of an entirely distinct nature. This is very material, in view of the existing…
2Cases cited6 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Holley v. StateSupreme Court of Alabama · 1883
- Blevins v. StateSupreme Court of Alabama · 1880
- Martin v. KingSupreme Court of Alabama · 1882
- Stedham's Heirs v. Stedham'sSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- United States v. Billy Ray LeeCourt of Appeals for the Sixth Circuit · 1976
- Sykes v. StateTennessee Supreme Court · 1903
- Baader v. StateSupreme Court of Alabama · 1917
- Burnham v. North Chicago St. Ry. Co.Court of Appeals for the Seventh Circuit · 1898
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