Legal Opinion

Wade v. State

Supreme Court of Alabama

Decided June 15, 1866PublishedCited by 3 opinions

From the Circuit Court of Bibb. Tried before the Hon. B. F. Saeeold. The indictment in this case was found at the October ' term, 1865, and charged that, before the finding thereof, “ Wade, a freedman of color, John, a freedman of color, and By, alias Bias, a freedman of color, feloniously took and carried away a bag of cotton, the property of one W. T. Cobb, of the value of more than twenty dollars.”

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From the Circuit Court of Bibb. Tried before the Hon. B. F. Saeeold. The indictment in this case was found at the October ' term, 1865, and charged that, before the finding thereof, “ Wade, a freedman of color, John, a freedman of color, and By, alias Bias, a freedman of color, feloniously took and carried away a bag of cotton, the property of one W. T. Cobb, of the value of more than twenty dollars.” At the April term, 1866, when the case was called for trial, the defendants asked a severance — “ 1st, because they show that, in the selection of jurors, they would be greatly prejudiced by…

1Opinion of the CourtJudge, J.

The principal question involved in this case was decided at the present term in the case of Miles v. The State. The opinion was delivered in that cause before the argument of this; and it is contended that the decision there rendered, as to the repealing effect of the act of December 1865, is erroneous. We have carefully re-examined that opinion, and the doctrine on which it rests; and have also carefully examined the authorities cited on the brief of counsel in the present case; and feel constrained to adhere to our former conclusion, not doubting its correctness. . The act of 15th December,…

2Cases cited1 opinion

  1. Hawkins v. StateSupreme Court of Alabama · 1846

3Cited by3 opinions

  1. Jackson v. StateSupreme Court of Alabama · 1893
  2. Gustin v. StateAlabama Court of Appeals · 1924
  3. Andy v. StateSupreme Court of Alabama · 1888

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