Mangrall v. State
Alabama Court of Appeals
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Emmet Mangrall was convicted of disposing of property on which another had a lien, and he appeals. The first count in the indictment charged the removing or selling of personal property, to-wit, one black mule, with the purpose to hinder, delay, or defraud one who had a lawful and valid claim thereto; the defendant having at the time a knowledge of the existence of such claim.
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Emmet Mangrall was convicted of disposing of property on which another had a lien, and he appeals. The first count in the indictment charged the removing or selling of personal property, to-wit, one black mule, with the purpose to hinder, delay, or defraud one who had a lawful and valid claim thereto; the defendant having at the time a knowledge of the existence of such claim. The second count charges that the defendant did sell or convey personal property, consisting of one black mule, upon which he had given a written…
1Opinion of the CourtWalker, P. J.
1. The appellant can get no benefit here from his exception to the action of the trial court in striking his plea of misnomer, which was filed after he had pleaded not guilty, and the case had been continued twice. It is a matter within the discretion of the trial court to allow or not to allow a plea in abatement to be filed after the defendant has pleaded not guilty.—Grimes v. State, 105 Ala. 86, 17 South. 184; Laws v. State, 144 Ala. 118, 42 South. 40.
2. There is no suggestion that there was a misjoinder of counts in the indictment in this case. After the prosecution had made some progress…
2Cases cited6 opinions
- Orr v. StateSupreme Court of Alabama · 1894
- Howard v. StateSupreme Court of Alabama · 1895
- Grimes v. StateSupreme Court of Alabama · 1894
- Laws v. StateSupreme Court of Alabama · 1905
- Cooper v. StateSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Parsons v. StateSupreme Court of Alabama · 1913
- Gardner v. StateAlabama Court of Appeals · 1912
- Ramey v. StateAlabama Court of Appeals · 1913
- Huntsville Grocery Co. v. JohnsonAlabama Court of Appeals · 1915
- Bolin v. StateAlabama Court of Appeals · 1914