Foster v. State
Supreme Court of Alabama
From the Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. The indictment in this case charged that W. O. Foster and James M. Windham, “with the purpose to hinder, delay or defraud Bryant Johnson, who had a valid and lawful claim thereto, under a written instrument, lien created by law for rent or advances, or other lawful and valid claim, verbal or written, did sell or remove personal property, consisting of one cow and calf and 900 pounds of seed-cotton, of…
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From the Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. The indictment in this case charged that W. O. Foster and James M. Windham, “with the purpose to hinder, delay or defraud Bryant Johnson, who had a valid and lawful claim thereto, under a written instrument, lien created by law for rent or advances, or other lawful and valid claim, verbal or written, did sell or remove personal property, consisting of one cow and calf and 900 pounds of seed-cotton, of the aggregate value of $27; they, the said J. M. Windham and W. C. Foster, having at the time a knowledge of the…
1Opinion of the CourtStone, C. J.
-When the case of the defendant was submitted to the jury on the first trial, he was placed, or put, in what the law calls jeopardy. The case, at that stage, could not be lawfully taken from the jury, except in one of three ways: first, by a verdict of guilty, or not guilty; rendered; second, by a failure of the jury to agree within the term allotted for the court, or some other legal ground supervening, which renders their discharge a necessity; or, third, where the jury having rendered no verdict, the case is taken from them by consent, and a mistrial had. In this case, the jury did render…
2Cases cited7 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- Cook v. StateSupreme Court of Alabama · 1877
- Powell v. StateSupreme Court of Alabama · 1851
- Allen v. StateSupreme Court of Alabama · 1875
- State ex rel. BattleSupreme Court of Alabama · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ex Parte TannerSupreme Court of Alabama · 1929
- Washington v. StateSupreme Court of Alabama · 1899
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
- Stokes v. StateCourt of Criminal Appeals of Alabama · 1979
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
13 more not listed; retrieve them via the Exa API.