Spraggins v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellant in this case, George Spraggins, was indicted, tried and convicted for an assault with intent to murder and was sentenced to the penitentiary for three years. The recitals of the judgment entry as to the. plea of former acquittal, and as to the issues upon Avhich the cause ivas tried, are set forth in the opinion.
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Appeal from tlie Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellant in this case, George Spraggins, was indicted, tried and convicted for an assault with intent to murder and was sentenced to the penitentiary for three years. The recitals of the judgment entry as to the. plea of former acquittal, and as to the issues upon Avhich the cause ivas tried, are set forth in the opinion. The record proper contained no plea of former acquittal. . The defendant moved the court toj quash the indictment, upon the ground that the grand jury which preferred it, was not drawn in…
1Opinion of the Court
DOWDELL, J. —
The judgment entry as shown by the record contains the following recital: “The defendant then being arraigned under said indictment filed his plea of former acquittal in this case and also plead not guilty, and upon these pleas the State by her solicitor took issue,” etc. The bill of exceptions contains the statement that the plea of former acquittal -was upon motion of the solicitor stricken from the. file. Thus it will be seen that there is a seeming conflict between the recitals in the judgment entry and the bill of exceptions. “Where a conflict arises between recitals in the…
2Cases cited21 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Pickens v. StateSupreme Court of Alabama · 1896
- Amos v. StateSupreme Court of Alabama · 1898
- Cary v. StateSupreme Court of Alabama · 1884
- Thornton v. StateSupreme Court of Alabama · 1896
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3Cited by26 opinions
- Helms v. StateSupreme Court of Alabama · 1950
- Pope v. StateSupreme Court of Alabama · 1910
- Sims v. StateSupreme Court of Alabama · 1906
- Hill v. StateSupreme Court of Alabama · 1906
- Dupree v. StateSupreme Court of Alabama · 1907
21 more not listed; retrieve them via the Exa API.