McLeod v. State
Supreme Court of Alabama
Erom the Circuit Court of Barbour. Tried before the Hou. S. D. Hale. Tiie indictment in this case .charged, “that Daniel McLeod and Delanv Waters, alias Lany Waters, did live together in a state of adultery or fornication.” The prisoners each demurred to the indictment, because it failed to aver the sex of the parties: and, their demurrers being overruled, were jointly tried on issue joined on the plea of not guilty.
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Erom the Circuit Court of Barbour. Tried before the Hou. S. D. Hale. Tiie indictment in this case .charged, “that Daniel McLeod and Delanv Waters, alias Lany Waters, did live together in a state of adultery or fornication.” The prisoners each demurred to the indictment, because it failed to aver the sex of the parties: and, their demurrers being overruled, were jointly tried on issue joined on the plea of not guilty. “ On the trial, the State examined, one Brewer as a witness, who testified, that within twelve months before the finding of the indictment, and in said county, he saw said Daniel…
1Opinion of the CourtStone, J.
In the case of The State v. Glaze, 9 Ala. 283, the indictment charged, “that Thomas Glaze and Cynthia Gage, * * did live together in adultery.” The indictment was held sufficient by this court. The statute under which the conviction in the case of Glaze was had, is in substance re-enacted in the Code. — Clay’s Big. 431, § 3; Code, § 3231. This re-enactment of the statute must be regarded as a legislative adoption of the con «ruction placed on it. — Anthony v. The State, 29 Ala. 27. The indictment in the case of Glaze not averring the sex of the defendants, the present indictment must be held…
2Cases cited8 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- Savage v. WalsheSupreme Court of Alabama · 1855
- Anthony v. StateSupreme Court of Alabama · 1856
- State v. GlazeSupreme Court of Alabama · 1846
- Pike v. BrightSupreme Court of Alabama · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. O'DonnellOregon Supreme Court · 1900
- Sykes v. StateTennessee Supreme Court · 1903
- State v. WillsonOregon Supreme Court · 1925
- Jean v. SandifordSupreme Court of Alabama · 1864
- Witt v. StateAlabama Court of Appeals · 1912
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