Childs v. State
Supreme Court of Alabama
Fbom: tbe Circuit Court of Henry. Tried before tbe Hon. H. D. Clayton. Tbe defendants in tbis case, Jerry Cbilds, Isaac Cbilds, and Jacob Cbilds, fceedmen, were indicted in Hale county, in March, 1876, for tbe murder of Mrs. Bosanna You; and tbeir trial was removed to Henry county on tbeir own application.
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Fbom: tbe Circuit Court of Henry. Tried before tbe Hon. H. D. Clayton. Tbe defendants in tbis case, Jerry Cbilds, Isaac Cbilds, and Jacob Cbilds, fceedmen, were indicted in Hale county, in March, 1876, for tbe murder of Mrs. Bosanna You; and tbeir trial was removed to Henry county on tbeir own application. “Tbe defendants objected,” as tbe bill of exceptions states, “to going to trial upon tbe transcript from tbe Circuit Court of Hale,” wbicb was first offered in evidence against them; “and tbe court sustained tbeir objections, and thereupon ordered Joseph A. Adams, tbe clerk of said Circuit…
1Opinion of the Court
BRICKELL, C. J.-
We do not discover that the certified transcript of the original indictment and proceedings thereon in the Circuit Court of the county of Dale, was defective. It seems sufficient; and if it was not, the defects were cured by the second transcript. It was not necessary that the clerk's certificate should have been under his seal, private or official. Bishop v. State, 30 Ala. 34. Nor was the second transcript objectionable, merely because it was made out and certified by the clerk in the county of Hern~y. In Collier v. State, 2 Stew. 388, it was held, a clerk could, without his…
2Cases cited3 opinions
- Nichols v. StewartSupreme Court of Alabama · 1852
- Bishop v. StateSupreme Court of Alabama · 1857
- Collier v. StateSupreme Court of Alabama · 1830
3Cited by10 opinions
- Lide v. StateSupreme Court of Alabama · 1901
- Sweazey v. Valley Transport, Inc.Washington Supreme Court · 1940
- Varner v. StateCourt of Criminal Appeals of Alabama · 1986
- Whizenant v. StateSupreme Court of Alabama · 1882
- Holley v. StateSupreme Court of Alabama · 1894
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