Hood v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before Hon. L. R. Smith. The indictment in this case charges, “ that before the finding of this indictment, Jerry Hood, (f. m.,) on application for suing out an attachment in a civil action in the circuit court of Pickens county, in which one Thomas J. Coleman was defendant, and said Jerry Hood, (f. m.,) plaintiff, being duly sworn by the clerk of said court who had authority to administer such oath, falsely swore that he had…
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Appeal from the Circuit Court of Pickens. Tried before Hon. L. R. Smith. The indictment in this case charges, “ that before the finding of this indictment, Jerry Hood, (f. m.,) on application for suing out an attachment in a civil action in the circuit court of Pickens county, in which one Thomas J. Coleman was defendant, and said Jerry Hood, (f. m.,) plaintiff, being duly sworn by the clerk of said court who had authority to administer such oath, falsely swore that he had reason to believe that said crops, cultivated as aforesaid, would be removed from the premises where they were grown,…
1Opinion of the CourtPeters, J.
The constitution of this State forbids that any person shall “ be deprived of his life, liberty or property, but by due course of law.’’ — Con. Ala. 1867, art. I, § 7. Due course of law, in this sense, means that every person who is charged with an offense, shall be charged and tried as required by the laws of the land, and not otherwise. And for this purpose, in a criminal prosecution, the record must show that the accused is charged with an indictable offense according to the forms of law, and that- his trial has been conducted as the practice, required by the law, prescribes. If these…
2Cases cited1 opinion
- State v. LeaSupreme Court of Alabama · 1842
3Cited by9 opinions
- Wechsler v. United StatesCourt of Appeals for the Second Circuit · 1907
- Barnett v. StateSupreme Court of Alabama · 1889
- Reed v. StateSupreme Court of Alabama · 1946
- Shevalier v. StateNebraska Supreme Court · 1909
- Sanders v. StateSupreme Court of Alabama · 1900
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