Legal Opinion

State v. Jones

Supreme Court of Alabama

Decided June 15, 1843PublishedCited by 24 opinions

Error to the Circuit Court of ?erry county. The defendant was indicted in the circuit court of Perry county, for the murder of his own slg.ve. The first count of the indictment, is in the usual form of an indictment at common law, charging the slave to be his propérty, and the death to have been caused by beating with clubs, sticks and whips.

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Error to the Circuit Court of ?erry county. The defendant was indicted in the circuit court of Perry county, for the murder of his own slg.ve. The first count of the indictment, is in the usual form of an indictment at common law, charging the slave to be his propérty, and the death to have been caused by beating with clubs, sticks and whips. The second count is as follows: “ and the jurors aforesaid, upon their oaths aforesaid, do further present, that the said William H. Jones, on the day and year last aforesaid, with force and arms in the county aforesaid, in and upon a slave named Isabel,…

1Opinion of the CourtOrmond, J.

The first question to be considered is, what points are presented for revision by the writ of error. The Legislature, at its last session, authorised bills of exceptions to be taken by defendants in certain criminal cases, in the same manner as in civil cases. The counsel for the prisoner’, contends that the court may disregard the bill which has been taken in this case, upon the ground that this court, if the court below had refused to seal the bill, would not have awarded a mandamus; while on the other hand, the Attorney General insists that this court can look to no other error than that…

2Cases cited3 opinions

  1. Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. State v. HughesSupreme Court of Alabama · 1841
  3. State v. ColemanSupreme Court of Alabama · 1837

3Cited by24 opinions

  1. Garner v. StateSupreme Court of Florida · 1891
  2. Dyson v. StateMississippi Supreme Court · 1872
  3. Ex Parte SalterCourt of Criminal Appeals of Alabama · 1987
  4. Nixon v. StateSupreme Court of Alabama · 1881
  5. Mills v. StateIndiana Supreme Court · 1875

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