Legal Opinion

Grogan v. State

Supreme Court of Alabama

Decided January 15, 1870PublishedCited by 9 opinions

Appeal from the Circuit Court of Wilcox. Tried before the Hon. P. O. Harper. The opinion contains a full statement of the facts of the ease. 1. What is meant by being put in jeopardy? — See Bouv.

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Appeal from the Circuit Court of Wilcox. Tried before the Hon. P. O. Harper. The opinion contains a full statement of the facts of the ease. 1. What is meant by being put in jeopardy? — See Bouv. Law Dictionary; Con. of the State of Alabama, § 13; see, also, Bill of Rights. 2. If a cause has been submitted to a jury, and some evidence has been offered by the State, a withdrawal of the cause from the jury, unless in one or more of the cases allowed by statute, operates an acquittal. — People v. Barrett & Ward, 2 Carnes, 304; Commonwealth v. Cook, 6 Serg. & Rawles, 577. 3. A court has the power…

1Opinion of the CourtPeters, J.

The appellant, Grogan, was indicted in the circuit court of Wilcox county, on the 28th day of May, 1868, for an assault on Robert Hinton, with intent to murder him. This cause came on to be tried in said court, at the October term thereof, in 1869, when the defendant, having pleaded not guilty, went to trial, with a jury, on that plea. For the purpose of trying the said defendant, a jury of good and lawful men were duly sworn and empanneled by the court, “ to try the issue joined.” The record then states that, “ after the evidence had been gone through with, and the solicitor for the State…

2Cases cited3 opinions

  1. Cobia v. StateSupreme Court of Alabama · 1849
  2. McCauley v. StateSupreme Court of Alabama · 1855
  3. State v. SlackSupreme Court of Alabama · 1844

3Cited by9 opinions

  1. State ex rel. Butler v. MoiseSupreme Court of Louisiana · 1895
  2. Chambers v. StateAlabama Court of Appeals · 1919
  3. Murray v. StateSupreme Court of Alabama · 1924
  4. Taylor v. StateSupreme Court of Alabama · 1901
  5. Ex Parte EgbuonuCourt of Criminal Appeals of Alabama · 2004

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