Corkran v. State
Supreme Court of Alabama
Certiorari to Court of Appeals. Victor Corkran was convicted of an offense, on appeal the judgment was reversed by the Court of Appeals- (82 South. 560), and J. Q. Smith, Attorney General on behalf of the state, petitions for certiorari to the Court of Appeals to review and revise such judgment. In following Mixon’s Case, 14 Ala.
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Certiorari to Court of Appeals. Victor Corkran was convicted of an offense, on appeal the judgment was reversed by the Court of Appeals- (82 South. 560), and J. Q. Smith, Attorney General on behalf of the state, petitions for certiorari to the Court of Appeals to review and revise such judgment. In following Mixon’s Case, 14 Ala. App. 11, 70 South. 949, the Court of Appeals committed error, since that case is unsigned and should be overruled. 149 Mass. 229, 21 N. E. 377, 3 D. R. A. 747, 14 Am. St. Rep. 414; section 6471, Code 1907; 58 Ala. 611; 128 Ala. 1, 29 South. 553; 7 C. & R. 796; 140…
1Opinion of the CourtAnderson, C. J.
[1,2] “An attempt to commit a misdemeanor is a misdemeanor, whether the offense is created by statute, or was an offense at common law. These were the words of Baron Parke in the case of Rex v. Roderick, 7 Car. & P. 795, delivered in the year 1837. They have been adopted by the compilers on criminal law. 1 Russell on Crimes, 46; Archibald’s Criminal Pleadings and Evidence, 19; Wharton’s Criminal Law, 79-873.” Smith v. Commonwealth, 54 Pa. 209, 93 Am. Dec. 686. “A mere unsuccessful attempt to commit a substantive crime being ordinarily indictable at the common law, such punishable -attempts…
2Cases cited6 opinions
- Burton v. StateAlabama Court of Appeals · 1913
- Smith v. CommonwealthSupreme Court of Pennsylvania · 1867
- Hutto v. StateSupreme Court of Alabama · 1910
- Bradford v. StateSupreme Court of Alabama · 1906
- Mixon v. StateAlabama Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Reed v. StateCourt of Criminal Appeals of Alabama · 1978
- Miller v. StateAlabama Court of Appeals · 1954
- Cooper v. StateAlabama Court of Appeals · 1948
- Shoemake v. StateAlabama Court of Appeals · 1920
- Barnes v. StateAlabama Court of Appeals · 1931
5 more not listed; retrieve them via the Exa API.