John v. State
Supreme Court of Alabama
Writ of error to the Circuit Court of Sumter County. At a former day in this term, a writ of error was awarded returnable instanter. The transcript now certified as the return to that writ, discloses that the plaintiff in error was indict-ted at the April term, 1839, of Sumter Circuit Court, for the murder of Daniel Hendrick.
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Writ of error to the Circuit Court of Sumter County. At a former day in this term, a writ of error was awarded returnable instanter. The transcript now certified as the return to that writ, discloses that the plaintiff in error was indict-ted at the April term, 1839, of Sumter Circuit Court, for the murder of Daniel Hendrick. One count of the indictment charges William Ruff and William Anderson as assessories before the fact, and in subsequent counts, the charge is varied so as to make Ruff principal, and the others accessories. The prisoners were arraigned, and pleaded not guilty, but the…
1Opinion of the CourtGoldthwaite, J.
1. The statute of 1836, Aikin’s Digest, 2 ed. 614, s. 1, directs that the execution of the judgment shall be suspended in capital cases, whenever points are reserved as novel and difficult, for the decision of the Supreme Court, to a time not less than twenty-five, nor more than forty days, after the commencement of the next succeeding term of the Supreme Court.
The statute is directory to the Circuit Courts; but in our opinion, it also confers a right on the unfortunate criminal, who is convicted under such circumstances, as to induce the presiding Judge to present his decision for the…
2Cited by4 opinions
- Shular v. StateIndiana Supreme Court · 1886
- Bledsoe v. StateIndiana Supreme Court · 1945
- Ganaway v. StateSupreme Court of Alabama · 1853
- Krebs v. StateCourt of Appeals of Texas · 1880