Legal Opinion

Smith v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 3 opinions

Erom the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. There was no demurrer to the indictment in this,case, and the cause was tried on issue joined on the plea of not guilty.

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Erom the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. There was no demurrer to the indictment in this,case, and the cause was tried on issue joined on the plea of not guilty. On the trial, as the bill of exceptions states, “ the venue was properly proved, and that the act was done within twelve months before the indictment was foundand the State then offered in evidence the bond executed by the defendant, as the hirer of William T. Owens, the county convict with whose negligent escape he was charged. This bond, which was dated the 13th November, 1883, and approved by the…

1Opinion of the CourtSomerville, J.

— The indictment charges that the defendant, “ having the legal custody of one William T. Owens, who w'as convicted of embezzlement, and duly sentenced to hard labor for Pike county, negligently suffered the said Owens to escape.” It substantially pursues the language of section 4126 of the Code (1876), which applies to any officer or person having the legal custody of a convict, and strictly follows the form of indictment prescribed for such cases by the statute, as found on page 996 of the Code, and numbered 44.

The statute requires that the court of County Commissioners shall determine…

2Cases cited1 opinion

  1. Langtry v. StateSupreme Court of Alabama · 1857

3Cited by3 opinions

  1. De Lacey v. United StatesCourt of Appeals for the Ninth Circuit · 1918
  2. Ex parte CrewsSupreme Court of Alabama · 1885
  3. Sampson and Sampson v. StateCourt of Criminal Appeals of Texas · 1918

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