Perkins v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Wit. S. Mudd. The prisoner in this case, Ben. Perkins, a freedman, was indicted, jointly with Csesar Clanton, another freedman, for the murder of Gilbert Roberts.
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Wit. S. Mudd. The prisoner in this case, Ben. Perkins, a freedman, was indicted, jointly with Csesar Clanton, another freedman, for the murder of Gilbert Roberts. The. indictment, on which the prisoner was tried, was found at the October term of the court, 1879; and on the same day on which the indictment was returned into court, October 16th, 1879, on motion of the prosecuting attorney, an order was made and entered by the court, quashing another indictment against said Perkins and Clanton, found at the April term, 1877, for the…
1Opinion of the CourtStone, J.
1. If the grand jury found the second indictment in this case on insufficient testimony, that was not a matter for plea in abatement. It could have been reached only by motion to quash, supported by testimony. — 8par~ renberger’s case, 53 Ala. 481. An exception to the judge’s charge to the grand jury is not provided for by our statute, and does not furnish ground for an assignment of error in *461this court. — Code of 1876,' §§ 3107, 4978; 1 Bish. Or. Proc. §§ 872, 873, 885.
2. The objection that the second indictment was found before the first one was quashed, can not be sustained. That is the…
2Cases cited3 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Aaron v. StateSupreme Court of Alabama · 1861
- Johnson v. StateSupreme Court of Alabama · 1877
3Cited by7 opinions
- State v. ReinhartOregon Supreme Court · 1895
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1985
- Reese v. StateSupreme Court of Alabama · 1891
- Deaver v. StateAlabama Court of Appeals · 1931
- Ex Parte Jung ShingOregon Supreme Court · 1915
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