Huckabee v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Wyley Huckabee was convicted of larceny, and he appeals.
Read the full summary
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Wyley Huckabee was convicted of larceny, and he appeals. The application for change of venue was based upon the fact that defendant had been prosecuted for the murder of Luke Bradford, and that, while he had been acquitted of that charge, there had been generated by said trial a widespread feeling and prejudice against the defendant, and that such feeling and prejudice existed throughout the county to such an extent and in such a degree as to render it impossible for defendant to get a fair trial; that the charge for which…
1Opinion of the CourtSimpson, J.
The appellant was convicted of the larceny of $50.
Without noticing other causes, the demurrer to the application for a change of venue was properly sustain*31ed on the ground that it was not verified by the oath of the defendant. — Code 1907, § 7851.
There was no error in sustaining the demurrer to the plea, of former jeopardy, as the plea shows that the former trial was for an entirely different offense from that for which the defendant in this case was placed on trial. The fact of larceny could not be an issuable fact in the trial under an indictment for murder. There was no error in not…
2Cited by10 opinions
- Holloway v. StateAlabama Court of Appeals · 1952
- Pope v. HowleSupreme Court of Alabama · 1933
- Ex Parte LancasterSupreme Court of Alabama · 1921
- Hawes v. StateSupreme Court of Alabama · 1927
- Renfroe v. StateCourt of Criminal Appeals of Alabama · 1973
5 more not listed; retrieve them via the Exa API.