Clay v. State
Supreme Court of Alabama
Appeal from the City Court of Huntsville. Tried before Hon. W. H. Moore. At the spring term, 1869, of the Huntsville city court, the following indictment was found against Milton Clay, (f. m.) : “ State of Alabama, l In city court of Huntsville, spring Madison county, j term, 1869. The grand jury of said county charge, that before the finding of this indictment, Milton Clay (colored) did falsely pretend to Henry Betts, with the intent to defraud, that he had lost a sum of…
Read the full summary
Appeal from the City Court of Huntsville. Tried before Hon. W. H. Moore. At the spring term, 1869, of the Huntsville city court, the following indictment was found against Milton Clay, (f. m.) : “ State of Alabama, l In city court of Huntsville, spring Madison county, j term, 1869. The grand jury of said county charge, that before the finding of this indictment, Milton Clay (colored) did falsely pretend to Henry Betts, with the intent to defraud, that he had lost a sum of money, and by means of such false pretense, obtained from said Henry Betts the sum of five hundred dollars, the property…
1Per curiam
1. The verdict, in this case, is a special, and not a general verdict, that the defendant is guilty in manner and form as charged in the indictment.
As a special verdict, it is wholly insufficient to authorize any judgment to be rendered on it.
Among the many defects of this verdict, the following may be named : 1. It does not find what the pretense was ; 2. It does not state to whom it was made; 3. It does not state from whom the money was obtained ; 4. It does not state to whom the money belonged, nor does it find in what county the offense was committed.
The verdict being a special one, it…
2Cases cited3 opinions
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Moody v. KeenerSupreme Court of Alabama · 1838
- Lee v. Campbell's HeirsSupreme Court of Alabama · 1836
3Cited by18 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
- State v. DeWittSupreme Court of Missouri · 1905
- Clark v. Container Corp. of America, Inc.Supreme Court of Alabama · 1991
- Allen v. StateSupreme Court of Alabama · 1875
13 more not listed; retrieve them via the Exa API.