Diggs v. State
Supreme Court of Alabama
Indictment for Petit La/reeny. From the Circuit Court of Bullock. Tried before the Hon. IT. D. Clayton. The defendant in this case was indicted for petit larceny, in stealing $14 in silver from one Clark ; pleaded not guilty to the indictment, and was tried on issue joined on that plea.
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Indictment for Petit La/reeny. From the Circuit Court of Bullock. Tried before the Hon. IT. D. Clayton. The defendant in this case was indicted for petit larceny, in stealing $14 in silver from one Clark ; pleaded not guilty to the indictment, and was tried on issue joined on that plea. A verdict of guilty was returned by the jury, and a fine of $10 was imposed upon him, as shown by the judgment-entry, which is regular in form ; but a bill of exceptions, incorporated in the record, states the following facts: “ This cause having been regularly submitted to a jury, the jury retired to consider…
1Opinion of the CourtClopton, J.
Section 4978 of Code 1876 provides: “ Any question of law, arising in any of the proceedings in a criminal case, tried in the Circuit or City Court, may be reserved by the defendant, but not by the State, for the consideration of the Supreme Court; and if the question does not appear on the record, it must be reserved by bill of exceptions, duly taken and signed by the presiding judge as in civil cases.” In civil cases, “ any charge, opinion or decision of the court, touching the cause of action, and which would not otherwise *70appear of record,” may be reserved by bill of exceptions, which,…
2Cases cited5 opinions
- Ex parte KnightSupreme Court of Alabama · 1878
- Petty v. DillSupreme Court of Alabama · 1875
- Sparks v. StateSupreme Court of Alabama · 1877
- Banks v. StateSupreme Court of Alabama · 1882
- Brown v. StateSupreme Court of Alabama · 1875
3Cited by10 opinions
- Harrington v. StateSupreme Court of Alabama · 1887
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Thomas v. StateSupreme Court of Alabama · 1891
- Durrett v. StateSupreme Court of Alabama · 1901
- Pynes v. StateSupreme Court of Alabama · 1922
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