Ganaway v. State
Supreme Court of Alabama
Error to tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinstry. Tbe plaintiff in error was indicted, at tbe September term, 1850, of tbe City Court of Mobile, for an assault and battery on one Isabella King. Tbe cause was continued for several successive terms; and at tbe February term, 1852, tbe solicitor for tbe State moved tbe court for leave to substitute a copy of tbe indictment for tbe original wbicb bad been lost or destroyed.
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Error to tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinstry. Tbe plaintiff in error was indicted, at tbe September term, 1850, of tbe City Court of Mobile, for an assault and battery on one Isabella King. Tbe cause was continued for several successive terms; and at tbe February term, 1852, tbe solicitor for tbe State moved tbe court for leave to substitute a copy of tbe indictment for tbe original wbicb bad been lost or destroyed. Tbe minute entry in tbe record recites, that it was satisfactorily proved to tbe court, by tbe testimony of tbe clerk of tbe court and the late…
1Opinion of the CourtPhelan, J.
The court below allowed an indictment, which has been lost or destroyed, to be substituted by satisfactory proof of a copy.
The right of a court to supply or substitute any part of the record, which has been lost or destroyed, in a civil case, is acknowledged, and the reason for it is satisfactory. Wilkerson v. Branham, 5 Ala. 608.
It may be said, there is no good reason for the right to substitute a part of the record in a civil case, which will not apply with equal or nearly equal force in a criminal proceeding. In respect to other parts of the record or proceedings, even in a criminal case,…
2Cases cited2 opinions
- Wilkerson v. BranhamSupreme Court of Alabama · 1843
- John v. StateSupreme Court of Alabama · 1841
3Cited by10 opinions
- State v. RiversSupreme Court of Iowa · 1882
- Bradford v. StateSupreme Court of Alabama · 1875
- State Ex Rel. Cooper v. EllisSupreme Court of Alabama · 1924
- State v. BullSupreme Judicial Court of Maine · 1912
- State v. StrayerWest Virginia Supreme Court · 1906
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