Lacey v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before tbe Hon. Jas. E. Cobb. The indictment against defendant contained two counts, the first charging burglary and the second larceny. The defendant demurred to the indictment, alleging misjoinder, and other grounds. Pending the argument on the demurrer, the solicitor moved to ml. pros, the first count of the indictment, which was granted by the court against the objection of defendant.
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Appeal from the Circuit Court of Lee. Tried before tbe Hon. Jas. E. Cobb. The indictment against defendant contained two counts, the first charging burglary and the second larceny. The defendant demurred to the indictment, alleging misjoinder, and other grounds. Pending the argument on the demurrer, the solicitor moved to ml. pros, the first count of the indictment, which was granted by the court against the objection of defendant. Defendant then moved to quash the indictment, but was overruled and forced to trial on the second count. E. T. Glenn, the prosecutor, testified that he was the…
1Opinion of the Court
STONE, J.-
1. The judgment of conviction in this case must be reversed, because the record fails to show that the jury were sworn. — Code of 1876, § 4765; Hicks v. The State, in manuscript.
2. The confession of the prisoner, given in evidence by Glenn, was not what the law calls voluntary, and therefore should not have been received. The law can not measure the degree of influence exerted upon the prisoner’s mind, by an inducement offered, or threat made. The confession, to be receivable in evidence, must be purely voluntary. — Mose v. The State, 36 Ala. 211.
3 4. The court did not err in…
2Cases cited2 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- Mose v. StateSupreme Court of Alabama · 1860
3Cited by15 opinions
- Tarver v. StateCourt of Criminal Appeals of Alabama · 1986
- Womack v. StateSupreme Court of Alabama · 1967
- Porter v. StateCourt of Criminal Appeals of Alabama · 1987
- Martin v. StateSupreme Court of Alabama · 1899
- Bates v. StateSupreme Court of Alabama · 1911
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