James v. State
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before tbe Hon. J. W. Mabry. At tbe January term, 1892, of tbe city court.of Selma tbe grand jury preferred tbe following indictment: “Tbe grand jury of said county charge tbat before tbe finding of tbis indictment Lee Mack, Giller James, jolin Brown, Dow Williams and Wes Etheridge willfully set fire to or burned the gin-bouse of A. W. Coleman. ' "The grand jury of said county further charge that before the finding of this…
Read the full summary
Appeal from the City Court of Selma. Tried before tbe Hon. J. W. Mabry. At tbe January term, 1892, of tbe city court.of Selma tbe grand jury preferred tbe following indictment: “Tbe grand jury of said county charge tbat before tbe finding of tbis indictment Lee Mack, Giller James, jolin Brown, Dow Williams and Wes Etheridge willfully set fire to or burned the gin-bouse of A. W. Coleman. ' "The grand jury of said county further charge that before the finding of this indictment Lee Mack, Giller James, John Brown, Dow Williams and Wes Etheridge willfully set fire to or burned a mill of A. W.…
1Opinion of the CourtHead, J.
If, as contended by appellants, the indictment sufficiently charges a misdemeanor in one count, and a felony in another, judgment could not be lawfully pronounced upon a general verdict of conviction thereon, for the obvious reason that the court could not know what punishment to impose. Each of the offenses being sufficiently charged, there would be no reason for referring the conviction to one charge rather than the other; and the punishments prescribed by law for the several offenses being entirely different, it could not possibly be known what sentence to pronounce. Hence it is that such…
2Cases cited7 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Lucas v. StateSupreme Court of Alabama · 1892
- Brown v. StateSupreme Court of Alabama · 1875
- May v. StateSupreme Court of Alabama · 1887
- Adams v. StateSupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Pope v. StateSupreme Court of Alabama · 1911
- Sharp v. StateSupreme Court of Alabama · 1915
- Thornton v. StateSupreme Court of Alabama · 1896
- McClain v. StateSupreme Court of Alabama · 1913
- Terry v. StateSupreme Court of Alabama · 1897
20 more not listed; retrieve them via the Exa API.