Smith v. State
Supreme Court of Alabama
From: tbe Circuit Court of Dallas. Tried before tbe Hon. Geo. H. Craig. Tbe indictment in this case, wbicb was found at tbe March term of said court, 1874, charged that Geta Smith and George "Washington “feloniously took and carried away, from the ware-house of J. C. Groce, one bale of cotton, of the value of more than fifty dollars, the personal property of J. C. Groce.”
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From: tbe Circuit Court of Dallas. Tried before tbe Hon. Geo. H. Craig. Tbe indictment in this case, wbicb was found at tbe March term of said court, 1874, charged that Geta Smith and George "Washington “feloniously took and carried away, from the ware-house of J. C. Groce, one bale of cotton, of the value of more than fifty dollars, the personal property of J. C. Groce.” On the trial of said Geta Smith alone, as the bill of exceptions shows, the State introduced evidence showing that said defendant and George Washington stole the bale of cotton from the ware-house of said J. C. Groce, which…
1Opinion of the Court
BRICKELL, C. J. —
The common law was inflexible, not only that a man should be tried, on a criminal accusation, by *60bis peers, but that bis triers should be of tbe vicinage — near tbe place where tbe offense was alleged to have been committed. Tbe rule, if not gradually relaxed, was at least construed to be satisfied, if tbe trial was by a jury of good and lawful men of tbe county in which" tbe offense was committed, or alleged to have been committed. An exception was early recognized, if tbe offense was in its nature continuous. A simple larceny furnished tbe most frequent example. Tbe…
2Cited by8 opinions
- Bryant v. StateSupreme Court of Alabama · 1897
- Milam v. StateSupreme Court of Alabama · 1940
- Whizenant v. StateSupreme Court of Alabama · 1882
- Geneva Gin & Storage Co. v. RawlsSupreme Court of Alabama · 1940
- Horsley v. StateCourt of Criminal Appeals of Alabama · 1978
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