Legal Opinion

Shirley v. State

Alabama Court of Appeals

Decided April 3, 1951No. 2 Div. 810PublishedCited by 5 opinions

1Opinion of the Court

CARR, Presiding Judge.

The accused was indicted on a single count charging larceny. After trial and conviction, his motion for a new trial was granted.

At a subsequent time the defendant was reindicted for larceny of the same property and to the latter indictment were added counts charging buying, receiving, concealing or aiding in concealing the property.

To the second indictment defendant entered a plea of former jeopardy. This was not sustained and then the accused pleaded guilty to buying, etc., the property in question.

The only matter of critical concern on this appeal is whether a…

2Cases cited4 opinions

  1. Foster v. StateSupreme Court of Alabama · 1864
  2. Blevins v. StateAlabama Court of Appeals · 1924
  3. Holcomb v. StateAlabama Court of Appeals · 1922
  4. Johns v. StateAlabama Court of Appeals · 1915

3Cited by5 opinions

  1. Jones v. StateCourt of Criminal Appeals of Alabama · 1973
  2. Smith v. StateCourt of Criminal Appeals of Alabama · 1977
  3. Gandy v. StateAlabama Court of Appeals · 1963
  4. State v. DonovanSupreme Court of New Hampshire · 1951
  5. Wallace v. StateCourt of Criminal Appeals of Alabama · 1980

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