Robinson v. State
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. The appellant, Ike Robinson, was convicted of burglary. The indictment charged that before the finding thereof he “ broke into and entered-into the gin-house of William Robinson, in which gin-house was kept at the time lint and cotton for sale, use, and deposit, with the intent to steal,” &c. A jury was selected, and the defendant pleaded not guilty.
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Appeal from Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. The appellant, Ike Robinson, was convicted of burglary. The indictment charged that before the finding thereof he “ broke into and entered-into the gin-house of William Robinson, in which gin-house was kept at the time lint and cotton for sale, use, and deposit, with the intent to steal,” &c. A jury was selected, and the defendant pleaded not guilty. A witness was being examined by the State, when “ one of the jurors trying the case complained of being suddenly sick and unable to sit on the jury, and the court excused the…
1Opinion of the CourtManning, J.
In this canse it is insisted that defendant was entitled to Ms discharge on the ground that he must not a second time be put in jeopardy.
In Barrett v. The State (35 Ala. 406), which was a case of the discharge of a jury trying the prisoner, after all the other business of the court had been disposed of, with a view to an adjournment of the court before the expiration of the term by law, and when the jury, after being some time out, had not been able to agree, this court said: “ It is much the more prudent and safe course for the circuit judge to protract the session of the court to the end of…
2Cases cited4 opinions
- Ned v. StateSupreme Court of Alabama · 1838
- Crawford v. StateSupreme Court of Alabama · 1870
- Norris & Coleman v. StateSupreme Court of Alabama · 1874
- Barrett v. StateSupreme Court of Alabama · 1860
3Cited by2 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Danner v. StateSupreme Court of Alabama · 1875