State v. Blackwell
Supreme Court of Alabama
On questions reserved as novel and difficult by the Judge presiding in the Circuit Court of Talladega. Blackwell was indicted at the spring term of the Circuit Comt of Talladega, for the year 1842, for an assault, with intent to commit a murder, -on one Morgan; and also, for an ordinary assault and battery. He pleaded — 1. Not guilty. 2. A former acquittal; and 3. A former discharge. These pleas, are pleaded in short, by consent, and the replications are in the same manner.
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On questions reserved as novel and difficult by the Judge presiding in the Circuit Court of Talladega. Blackwell was indicted at the spring term of the Circuit Comt of Talladega, for the year 1842, for an assault, with intent to commit a murder, -on one Morgan; and also, for an ordinary assault and battery. He pleaded — 1. Not guilty. 2. A former acquittal; and 3. A former discharge. These pleas, are pleaded in short, by consent, and the replications are in the same manner. At the spring term, 1845, he was tried upon the indictment, convicted upon the count for the assault' and battery, and…
1Opinion of the CourtGoldthwaite, J.
1. It is by no means a clear proposition, that a judgment may be explained, or even in any way modified, by evidence aliunde ; but conceding the utmost effect to all the evidence touching the discharge of the defendant upon the former indictment, we think it comes to nothing more than is shewn by the first entry, which is that he was discharged without any trial or attempt at trial, for the reason that the prosecutor refused to proceed further with the prosecution. This is, in legal effect, the same thing as a discontinuance, or a nolle prosequi ; which, so far as we are advised, has no where…
2Cited by16 opinions
- Gray v. StateSupreme Court of Alabama · 1879
- Bryant v. StateCourt of Criminal Appeals of Alabama · 1972
- Rowand v. CommonwealthSupreme Court of Pennsylvania · 1876
- Chapman v. StateSupreme Court of Alabama · 1885
- Johnson v. StateSupreme Court of Alabama · 1860
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