Jacobi v. State
Supreme Court of Alabama
Appeal from the City ’Court of Montgomery. Tried before the Hon. William H. Thomas.- The-‘appellant in this case. Sanford Jacobi, was indicted and tried for an assault upon Lizzie Parker, “a woman, wi th the intent forcibly to ravish her, against the peace and dignity of the State of Alabama was convicted of the offense charged in the indictment, and .sentenced to the penitentiary for twenty years.
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Appeal from the City ’Court of Montgomery. Tried before the Hon. William H. Thomas.- The-‘appellant in this case. Sanford Jacobi, was indicted and tried for an assault upon Lizzie Parker, “a woman, wi th the intent forcibly to ravish her, against the peace and dignity of the State of Alabama was convicted of the offense charged in the indictment, and .sentenced to the penitentiary for twenty years. The appeal in this case is taken from a judgment rendered on the second trial. The first trial resulted in a mistrial. At the first trial Lizzie Parker, the person assaulted, was present and…
1Opinion of the CourtMcCLELLAN, C. J.
Upon a full and exhaustive consideration of the question on .principle and authority, this -court iq. Lowe v. State, ruled that “the testimony of a witness on a 'former1, trial qr 'prosecution of the defendant, -for the same offense, is admissible as evidence. against him on a second trialj if the witness is beyond', the jurisdiction of the court, whether he hfis removed from the State permanently or for .an indefinite time;” or, to, state the ruling perhaps more accurately, that when the witness has removed from the State permanently or for, an indefinite .time, jds- testimony on any former…
2Cases cited5 opinions
- Thompson v. StateSupreme Court of Alabama · 1894
- Mitchell v. StateSupreme Court of Alabama · 1896
- Viles v. City of WalthamMassachusetts Supreme Judicial Court · 1893
- Burton v. StateSupreme Court of Alabama · 1894
- King v. McCarthySupreme Court of Minnesota · 1893
3Cited by44 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Morgan v. StateCourt of Criminal Appeals of Alabama · 1978
- Lynch v. CommonwealthSupreme Court of Virginia · 1921
- McGuff v. StateSupreme Court of Alabama · 1946
- State v. FarnamOregon Supreme Court · 1916
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