Henry v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Dallas, on change of venue from Wilcox. Tried before the Hon. Nat. Cook. The indictment in this case was in these words: “ The grand jury of said county charge, that, before the finding of this indictment, Henry, a negro man slave, unlawfully, and with malice aforesaid, killed James Griffith, a white person, by stabbing or cutting him with a knife, against the peace and dignity of the State of Alabama.
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Appeal from tlie Circuit Court of Dallas, on change of venue from Wilcox. Tried before the Hon. Nat. Cook. The indictment in this case was in these words: “ The grand jury of said county charge, that, before the finding of this indictment, Henry, a negro man slave, unlawfully, and with malice aforesaid, killed James Griffith, a white person, by stabbing or cutting him with a knife, against the peace and dignity of the State of Alabama. “The grand jury further charge, that, before the finding of this indictment, Henry, a negro man slave, unlawfully and intentionally, but without malice, killed…
1Opinion of the Court
R. "W. "WALKER, J.—
The rule is well settled, that several distinct felonies, of the same general nature, may well be charged in separate counts of the same indictment. Johnson v. The State, 29 Ala. 65, and eases cited ; Commonwealth v. Hill, 10 Cushing, 530; Sarah v. The State, 28 Miss. 267. There was no error, therefore, in overruling the demurrer to the entire indictment.
2. The Code provides, that the indictment “must contain a statement of the facts constituting the offense; ” and that “the act charged must be stated with such certainty as to enable the court to pronounce judgment upon a…
2Cases cited24 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Atkins v. StateSupreme Court of Arkansas · 1855
- McCauley v. StateSupreme Court of Alabama · 1855
- People v. M'GowanNew York Supreme Court · 1837
- State v. HughesSupreme Court of Alabama · 1841
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3Cited by50 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Johnson v. StateSupreme Court of Alabama · 1893
- Doss v. StateAlabama Court of Appeals · 1929
- Holloway v. StateAlabama Court of Appeals · 1952
- Jackson v. StateSupreme Court of Alabama · 1884
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