Legal Opinion

Savage v. State

Alabama Court of Appeals

Decided April 8, 1915PublishedCited by 7 opinions

Arson. Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Wrigbt Savage was convicted of arson, and be appeals.

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Arson. Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Wrigbt Savage was convicted of arson, and be appeals. Tbe plea of former jeopardy sets out tbe fact of tbe indictment, defendant’s arraignment and plea thereto on November 4, 1912, tbe introduction of witnesses, tbe verdict of tbe jury finding bim guilty, and tbe fact that tbe judgment of guilt bad been reversed and remanded because of a variance between tbe allegation of tbe indictment and proof and tbe reindictment of defendant by a subsequent grand jury, and that tbe trial sought to be entered upon was for burning tbe…

1Opinion of the CourtPelham, P. J.

The former judgment of conviction having been annulled at the instance of the defendant (see Savage v. State, 8 Ala. App. 334, 62 South. 999), his plea of former jeopardy was without merit. — ■ 1 Mavf. Dig. 490, § 12, and authorities there cited.

Besides, the motion to strike the plea and the court’s ruling on the.motion do not appear in the bill of exceptions, and when not so shown, such ruling is not presented for review on appeal.—Mouton v. L. & N. R. R. co., 128 Ala. 537, 29 South. 602; Wilson v. State, 136 Ala. 114, 33 South. 831.

The facts testified to by one of the state’s witnesses, who…

2Cases cited5 opinions

  1. Simpson v. StateSupreme Court of Alabama · 1895
  2. Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
  3. Hinds v. StateSupreme Court of Alabama · 1876
  4. Savage v. StateAlabama Court of Appeals · 1913
  5. Wilson v. StateSupreme Court of Alabama · 1902

3Cited by7 opinions

  1. Thomas v. StateSupreme Court of Alabama · 1951
  2. Cunningham v. StateAlabama Court of Appeals · 1915
  3. Daniels v. StateAlabama Court of Appeals · 1915
  4. Corbett v. StateAlabama Court of Appeals · 1956
  5. Worrell v. StateCourt of Criminal Appeals of Alabama · 1974

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