Legal Opinion

Harrington v. State

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 23 opinions

From the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The indictment in this case was found at the “special May term, 1860,” of said city court; and charged, that the prisoner, Catharine Harrington, before the finding of said indictment, “ did sell, give, or deliver, to a slave named Robert, belonging, to Thomas A. Lyon, vinous or spirituous liquors, without an order in writing, signed by the overseer or master of such slave, specifying the quantity to be…

Read the full summary

From the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The indictment in this case was found at the “special May term, 1860,” of said city court; and charged, that the prisoner, Catharine Harrington, before the finding of said indictment, “ did sell, give, or deliver, to a slave named Robert, belonging, to Thomas A. Lyon, vinous or spirituous liquors, without an order in writing, signed by the overseer or master of such slave, specifying the quantity to be sold, given, or delivered.” The prisoner interposed a demurrer to the indictment, on the following specified grounds: “…

1Opinion of the CourtR. W. Walker, J.

1. By the act of February 5th, 1858, it is provided, that ‘-‘ special terms of the city court may beheld, by order of the judge, whenever it may be necessary for the trial of criminal causes, aud to deliver the jail of all persons charged with crimes and offenses.” — Acts *241of 1857 — 58, p. 57, § 3. Under this act, the authority of the court, at the special terms here provided for, is certainly as extensive as that with which the English judges were clothed by virtue of the commission of general jail delivery. This commission was held to confer upon the justices to whom it was directed the…

2Cases cited5 opinions

  1. Browning v. StateMississippi Supreme Court · 1872
  2. Davidson v. StateSupreme Court of Alabama · 1859
  3. Floyd v. StateSupreme Court of Alabama · 1857
  4. Browning v. StateMississippi Supreme Court · 1856
  5. Jolly v. StateMississippi Supreme Court · 1872

3Cited by23 opinions

  1. Bales v. StateSupreme Court of Alabama · 1879
  2. State v. WappensteinWashington Supreme Court · 1912
  3. Harrington v. StateSupreme Court of Alabama · 1887
  4. O'Byrnes v. StateSupreme Court of Alabama · 1874
  5. Johnson v. StateAlabama Court of Appeals · 1952

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API