Dunklin v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before tbe Hon. J. O. Biohardson. The appellant in this case applied to tbe Supreme Court for a writ of error. In compliance with the prayer of tbe petition, the writ of error was awarded.
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Appeal from the Circuit Court of Lowndes. Tried before tbe Hon. J. O. Biohardson. The appellant in this case applied to tbe Supreme Court for a writ of error. In compliance with the prayer of tbe petition, the writ of error was awarded. In tbe transcript of the record certified in response to tbe writ of error, it is shown that tbe defendant was tried and convicted under tbe following indictment: “The grand jury of said county charge that, before tbe finding of this indictment, Henry, alias Pat Dunklin, unlawfully or wantonly killed, disabled, disfigured, destroyed, or injured a cow, tbe…
1Opinion of the CourtTyson, J.
Section 4327 of Criminal Code confers authority upon any one of the judges of this court in vacation, or upon this court in term time, to issue a writ of error, in a criminal cause, to 'the clerk of the count in •which the judgment of conviction was rendered, confining, however, the granting of such writ on some error .of law apparent on the transcript of the record. This is the procedure adopted in this case. In the transcript of the record before us, it appears that the defendant was indicted for a, violation of section 5091 of the Criminal Code. The indictment contains no averment of the…
2Cases cited4 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Francois v. StateSupreme Court of Alabama · 1852
- State v. GarnerSupreme Court of Alabama · 1839
- Caldwell v. StateSupreme Court of Alabama · 1873
3Cited by10 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Slater v. StateSupreme Court of Alabama · 1935
- Mitchell v. StateSupreme Court of Alabama · 1946
- Thomas v. StateSupreme Court of Alabama · 1909
- Ethridge v. StateAlabama Court of Appeals · 1935
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