Morrisette v. State
Supreme Court of Alabama
Indictment against Agent for Embezzlement of Property. From the Circuit Court of Dallas. Tried before the lion. John Moore.
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Indictment against Agent for Embezzlement of Property. From the Circuit Court of Dallas. Tried before the lion. John Moore. The first count in the indictment in this case, on which alone a conviction was sought and had, charged that the defendant, “ being at the time the agent of C. J. Gayle, embezzled, or fraudulently converted to his own use, an ox, of the value of twenty-six dollars, the personal property of C. J. Gayle, which was at the time in his possession as said agent.” A second count charged embezzlement by a servant, and the third larceny of the ox. The defendant filed a special…
1Opinion of the CourtSomeryille, J.
Where a defendant has once been convicted under an indictment for a criminal offense, and this judgment of conviction has been set aside on motion for a new trial, or has been arrested, or reversed on appeal or writ of error, this is not regarded as a putting of the accused in legal jeopardy, so as to protect him against a second trial upon the same charge subsequently preferred against him. Such action, being taken at the instance of the accused, is an express waiver of his constitutional privilege not to be placed in jeopardy a second time for the same offense. — Kendall v. The State, 65…
2Cases cited4 opinions
- Johnson v. StateSupreme Court of Alabama · 1883
- Kendall v. StateSupreme Court of Alabama · 1880
- Morningstar v. StateSupreme Court of Alabama · 1876
- Jeffries v. StateSupreme Court of Alabama · 1867
3Cited by15 opinions
- People v. MurrayMichigan Supreme Court · 1891
- State v. McFarlandSupreme Court of Alabama · 1898
- Conley v. StateSupreme Court of Georgia · 1890
- Lewis v. StateSupreme Court of Alabama · 1898
- Reynolds v. StateAlabama Court of Appeals · 1911
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