Lumpkin v. State
Supreme Court of Alabama
Appeal from Selma City Court. Tried before Hon. Jsro. Habalson. were indicted for burglary and grand larceny at tbe January Term, 1880, of the City Court of Selma. At the same term a nolle prosequi was entered as to tbe defendant Hattrick. Isaiah Lumpkin moved to quasb tbe indictment, on tbe around that the grand jury, by whom it was found, was not sworn according to law. The record recites that the “grand jury was then elected, empanneled, sworn, and charged.”
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Appeal from Selma City Court. Tried before Hon. Jsro. Habalson. were indicted for burglary and grand larceny at tbe January Term, 1880, of the City Court of Selma. At the same term a nolle prosequi was entered as to tbe defendant Hattrick. Isaiah Lumpkin moved to quasb tbe indictment, on tbe around that the grand jury, by whom it was found, was not sworn according to law. The record recites that the “grand jury was then elected, empanneled, sworn, and charged.” The court overruled the motion to quash, and defendant excepted. On the trial Hattrick was examined as a witness, and stated that he…
1Opinion of the CourtStone, J.
The record informs us the grand jury was “ elected, empanneled, sworn, and charged.” In the absence of other showing, we must presume the City Court had the legal oath administered, as it was his duty to do.—Davis v. The State, 54 Ala. 88; Mitchell v. The State, 58 Ala. 417.
To authorize a conviction of a felony on the testimony of an accomplice, such testimony must be corroborated by other evidence tending to connect the defendant with the commission of the offense.- — Code of 1876, section 4895. The statute requires this, and only this. The charges asked were properly refused, because they…
2Cases cited4 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Lockett v. StateSupreme Court of Alabama · 1879
- Smith v. StateSupreme Court of Alabama · 1877
- Davis v. StateSupreme Court of Alabama · 1875
3Cited by16 opinions
- Malachi v. StateSupreme Court of Alabama · 1889
- Ross v. StateSupreme Court of Alabama · 1883
- Handley v. StateSupreme Court of Alabama · 1925
- Dykes v. StateAlabama Court of Appeals · 1941
- Hill v. StateSupreme Court of Alabama · 1923
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