Coburn v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. From a conviction for larceny Hamilton Coburn appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. From a conviction for larceny Hamilton Coburn appeals. Tlie plea of former jeopardy referred to in the opinion and directed to be set out is as follows: Now comes the defendant, Hamilton Coburn, by his attorney and pleads to the indictment in this cause, and for plea says: That the state of Alabama ought not further to prosecute the indictment in this cause against him, and defendant ought not to be put to answer the said indictment, he having been heretofore in due manner of law acquitted of the premises charged herein, in…
1Opinion of the CourtSimpson, J.
The defendant in this case, was tried and convicted of the crime of grand larceny; the subject of the larceny being chairs and a table, alleged to be worth a little, over $5, which were taken from a warehouse.
It appears from the record that the .defendant interposed the plea of autrefois acquit, which it set out in the statement of the case; that “no motion, demurrer, replication, or any objection, by. any plea or paper,” was interposed; but the court on its own motion “overruled” the plea, stating that the same was not good, and stating what had been the proceedings in the city court of…
2Cases cited2 opinions
- Lovett v. StateSupreme Court of Georgia · 1888
- Benson v. StateSupreme Court of Alabama · 1881
3Cited by17 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Racine v. StateSupreme Court of Alabama · 1973
- Oliveri v. StateAlabama Court of Appeals · 1915
- Billups v. City of BirminghamCourt of Criminal Appeals of Alabama · 1978
- Evans v. StateAlabama Court of Appeals · 1931
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