Cunningham v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before tlie Hon. N. D. Denson. The appellant was indicted, tried and convicted for arson, and sentenced to the penitentiary for four years. The indictment contained two counts.
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Appeal from the Circuit Court of Elmore. Tried before tlie Hon. N. D. Denson. The appellant was indicted, tried and convicted for arson, and sentenced to the penitentiary for four years. The indictment contained two counts. The first count charged the- defendant with willfully setting fire to and burning a warehouse, the property of the South & North Alabama Railroad Company, a corporation under the laws of the State of Alabama; the warehouse, with the property therein contained, being of the value of $1,500. In the. second count, the warehouse was alleged to be the property of the Louisville…
1Opinion of the CourtBrickell, C. J.
A demurrer to the first indictment having been interposed and sustained, and the defendant having declined to consent to an amendment of the indictment, the court was authorized to “order another indictment to be preferred at the same, or at a subsequent term.” — Code of 1896, §4918, ( Code of 1886, § 4390). It Is of no consequence that the order, as first *65made, directed that the new indictment be preferred at the next term, and that the court, on the succeeding day of the-term — the defendant being present — changed the order so as to direct the second indictment to be preferred at the then…
2Cases cited15 opinions
- Pickens v. StateSupreme Court of Alabama · 1896
- Tanner v. StateSupreme Court of Alabama · 1890
- Walker v. StateSupreme Court of Alabama · 1890
- Goldsmith v. StateSupreme Court of Alabama · 1894
- White v. StateSupreme Court of Alabama · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hale v. StateSupreme Court of Alabama · 1898
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Shirley v. StateSupreme Court of Alabama · 1906
- Mitchell v. StateSupreme Court of Alabama · 1900
- Diamond v. StateAlabama Court of Appeals · 1916
17 more not listed; retrieve them via the Exa API.