Smith v. State
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. H. D. Clayton. The appellants, Will Smith and Emanuel White, were indicted and convicted for an assault with intent to murder, committed upon one Josh Heering.
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Appeal from Pike Circuit Court. Tried before Hon. H. D. Clayton. The appellants, Will Smith and Emanuel White, were indicted and convicted for an assault with intent to murder, committed upon one Josh Heering. On the trial they interposed a plea of autrefois acquit, the whole of which, omitting caption and formal parts, was that “ the grand jury of Pike county, at its session at the Fall term of the circuit court of said county, preferred and returned into said court ‘ a true bill ’ against these defendants, charging them with having committed a robbery from the person or in the presence of…
1Opinion of the CourtManning, J.
1. The plea of former acquittal upon an indictment for robbery is not sufficiently pleaded in this cause. It should have set out the indictment. We are not able to see from the plea that the acquittal of the crime of robbery exempts defendants from prosecution for the offence of an assault to commit murder. The plea was, therefore, correctly held to be insufficient. Henry v. State, 33 Ala. 389; Foster v. State, 39 Ib. 229 ; 1 Bishop’s Crim. Law, §§ 680 et seq.
2. It was not error to admit against these defendants what was said and done by one of their associates in their presence, *410at the time…
2Cases cited2 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Gandy v. HumphriesSupreme Court of Alabama · 1860
3Cited by15 opinions
- Martin v. StateSupreme Court of Alabama · 1889
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
- Pierson v. StateSupreme Court of Alabama · 1892
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Nelson v. StateSupreme Court of Alabama · 1900
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