Legal Opinion

Elliott v. State

Supreme Court of Alabama

Decided January 15, 1855PublishedCited by 27 opinions

Appeal from the Circuit Court of Limestone. Tried before the Hon. JOHN E. Moobe. INDICTMENT for gaming against Colley C. Elliott, David Elliott, Thomas Owen, and G-aines Smith, of whom the first two’only were taken, and tried jointly on the plea of not guilty.

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Appeal from the Circuit Court of Limestone. Tried before the Hon. JOHN E. Moobe. INDICTMENT for gaming against Colley C. Elliott, David Elliott, Thomas Owen, and G-aines Smith, of whom the first two’only were taken, and tried jointly on the plea of not guilty. It appears from the bill of exceptions, that “ the State introduced as a witness one John G-. Russell, who testified, that he saw the defendant David Elliott play at cards in August, 1858, in a room of a tavern kept at a public watering-place in said county; that the other defendant on trial wag not engaged in the game, and in fact was…

1Opinion of the CourtRice, J.

— The general rule as to the joinder of defendants, as laid down in works of good authority, is, that where the same evidence, as to the act. which -constitutes the crime, applies to two or more, they maybe jointly indicted. — Commonwealth v. Elwell, 2 Met. 190. If the offence arise out of the same act, though the parties stand in different relations, they may be joined. If several be engaged in the commission of the same offence, though each may act a different part in the commission of that offence, they may be joined. 1 Waterman’s Archb. Cr. Pl. 96 ; Wharton’s American Or. Law 110.

In…

2Cases cited1 opinion

  1. White v. WhiteCourt of Appeals of Kentucky · 1859

3Cited by27 opinions

  1. State v. LehmanSupreme Court of Missouri · 1904
  2. State v. McCarthySupreme Court of Connecticut · 1943
  3. The People v. RichieIllinois Supreme Court · 1925
  4. Thomas v. StateSupreme Court of Alabama · 1895
  5. McGehee v. StateSupreme Court of Alabama · 1877

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