Henderson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Berry Henderson, a man, and Dollie Croffit, a woman, did live together in a state of adultery or fornication, against the peace,” &c.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Berry Henderson, a man, and Dollie Croffit, a woman, did live together in a state of adultery or fornication, against the peace,” &c. On trial of the case, as shown by the bill of exceptions, there was evidence, tending to show that the defendant had been guilty of living in a state of adultery or fornication with a woman, spoken of by the witnesses as Dollie…
1Opinion of the CourtHaralson, J.
In The State v. Glaze, 9 Ala. 283, on a question similar to the one here raised, the court held that the only object in stating the names of persons connected with the offense committed, is to enable the jury to identify the crime or the person ; that it is a sufficient description, if it be impossible to mistake the one described for another, and that it is material only to ascertain if the crime charged was committed by the persons named, which being established, “it was unimportant that the one or the other was sometimes known by some other name, if, in point of fact, the one used in the…
2Cases cited1 opinion
- State v. GlazeSupreme Court of Alabama · 1846
3Cited by5 opinions
- Parks v. StateAlabama Court of Appeals · 1925
- Coffman v. FoldsSupreme Court of Alabama · 1927
- Ex Parte ShoultsSupreme Court of Alabama · 1922
- Levens v. StateAlabama Court of Appeals · 1912
- May v. StateAlabama Court of Appeals · 1927