Thompson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. John R. Tyson. The appellants, Robert Thompson and Napoleon Thompson, were jointly indicted for a conspiracy to rob, and were tried and convicted and fined two hundred dollars, each. The two counts of the indictment are copied in the-opinion.. The State elected to prosecute for the offense • charged in the first count of the indictment.
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Appeal from the Circuit Court of Henry. Tried before the Hon. John R. Tyson. The appellants, Robert Thompson and Napoleon Thompson, were jointly indicted for a conspiracy to rob, and were tried and convicted and fined two hundred dollars, each. The two counts of the indictment are copied in the-opinion.. The State elected to prosecute for the offense • charged in the first count of the indictment. To this-count of the indictment, the defendant demurred upon, ■the following grounds : 1st. Because it fails to allege-the character of the money of which the defendants conspired to rob Hudspeth,…
1Opinion of the Court
BRICKELL, G. J.
— The indictment contains two counts ; the first charging that the defendants, “conspired together to unlawfully take one thousand dollars in money, the property of Julius G. Hudspeth, from his person, and against his will, by violence to his person, or by putting him in such fear as unwillingly to part with the same.” The second count charged that the ■defendants “unlawfully conspired together to unlawfully and with malice aforethought killed Julius G. Hudspeth.” On the trial, the State voluntarily elected to prosecute only for the offense charged in the first count, thereby,…
2Cases cited9 opinions
- Perry v. StateSupreme Court of Alabama · 1888
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- Davis v. StateSupreme Court of Alabama · 1850
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3Cited by52 opinions
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- Williams v. StateCourt of Criminal Appeals of Alabama · 1979
- Lidge v. StateCourt of Criminal Appeals of Alabama · 1982
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