Legal Opinion

State v. Hughes

Supreme Court of Alabama

Decided January 15, 1841PublishedCited by 34 opinions

The prisoner being indicted in the Circuit Court of Dallas, for the crime of murder, pleaded, 1. Not Guilty. 2. Jlutre fois acquit; and, being put upon his trial, a verdict of “ guilty in manner and form as charged in the indictment,” was returned by the jury; whereupon judgment was, in due form, rendered against him. After the jury had returned their verdict, the prisoner moved in arrest of judgment, and assigned sundry causes.

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The prisoner being indicted in the Circuit Court of Dallas, for the crime of murder, pleaded, 1. Not Guilty. 2. Jlutre fois acquit; and, being put upon his trial, a verdict of “ guilty in manner and form as charged in the indictment,” was returned by the jury; whereupon judgment was, in due form, rendered against him. After the jury had returned their verdict, the prisoner moved in arrest of judgment, and assigned sundry causes. A copy of which, together with a decision thereupon, and a statement of facts by the Court, is as follows: “ Came Gayle & Saffold, the counsel of the prisoner,…

1Opinion of the CourtCollier, C. J.

1. The 10 section of 1 Article of the Constitution declares, that “ In all criminal prosecutions the accused has a right to be heard by himself and counsel,” &c. Again, “ and in all prosecutions by indictment or information, a spee*104dy public trial, by an impartial jury of the county, or district, in which the offence shall have been committed; he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty or property, but by due course of law.”

This constitutional provision guaranties to the accused the right, not only to discuss, questions of law and…

2Cases cited2 opinions

  1. People v. PerkinsNew York Supreme Court · 1828
  2. Jaques v. ToddNew York Supreme Court · 1829

3Cited by34 opinions

  1. Brister v. StateSupreme Court of Alabama · 1855
  2. Lee v. StateAlabama Court of Appeals · 1943
  3. Gunter v. StateSupreme Court of Alabama · 1887
  4. Henry v. StateSupreme Court of Alabama · 1859
  5. Cobia v. StateSupreme Court of Alabama · 1849

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