Kendall v. State
Supreme Court of Alabama
From the Circuit Court of Lowndes. Tried before the Hon. John Moore. The prisoner in this case was indicted for the murder of Lena Riggs, an infant child of Richard H. and Emma Riggs, by means of morphine administered in a cup of coffee ; and one count in the indictment charged that the morphine was put in the coffee with the malicious intent of effecting the death of Mrs. Riggs, the mother of the child.
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From the Circuit Court of Lowndes. Tried before the Hon. John Moore. The prisoner in this case was indicted for the murder of Lena Riggs, an infant child of Richard H. and Emma Riggs, by means of morphine administered in a cup of coffee ; and one count in the indictment charged that the morphine was put in the coffee with the malicious intent of effecting the death of Mrs. Riggs, the mother of the child. A trial was had at the November term, 1879, on issue joined on the plea of not guilty;'and the jury returned a verdict in these words: “ We, the jury, find the defendant guilty, and sentence…
1Opinion of the Court
SOMERYILLE, 3.
— A defendant in a criminal case is never regarded as having been in legal jeopardy, when the *495indictment is so defective that a judgment rendered on it would be reversed on appeal, and for that reason it is quashed oi\set aside, no matter how far the prosecution or proceedings in the trial may have progressed.— Weston v. State, 63 Ala. 155; Code (1876), § 4819. The verdict of the jury, at the Fall term of the Circuit Court, 1879, failed to find the degree of the crime charged against the defendant; and the conviction, for this reason, could not have been sustained ; and the…
2Cases cited7 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Levison v. StateSupreme Court of Alabama · 1875
- Murphy v. StateSupreme Court of Alabama · 1879
- Weston v. StateSupreme Court of Alabama · 1879
- Jeffries v. StateSupreme Court of Alabama · 1867
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3Cited by13 opinions
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- State v. ThompsonMontana Supreme Court · 1891
- Marshall v. StateCourt of Criminal Appeals of Texas · 1914
- State v. McFarlandSupreme Court of Alabama · 1898
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