Johnson v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The grand jury of Montgomery county, at the February term, 1878, of the City Court of Montgomery, presented this indictment: “ The State of Alabama, Montgomery county.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The grand jury of Montgomery county, at the February term, 1878, of the City Court of Montgomery, presented this indictment: “ The State of Alabama, Montgomery county. The grand jury of the said county charge, that before the finding of this indictment, Henry Johnson feloniously took and carried away sundry United States treasury notes, greenbacks or national bank notes, the number and denomination of which are to the grand jury unknown, of the aggregate value of thirty dollars, and the personal property of Miss…
1Opinion of the Court
BB.ICKELL, C. J.—
1. The indictment fails to aver the Christian name of the owner of the money charged to have been stolen, and there is no averment that such name is unknown, excusing the omission.—Morningstar v. The State, 52 Ala. 405. The defect compels a reversal of the judgment.
2. The extra-judicial confession of a prisoner cannot be received in evidence against him, unless it is shown to have been voluntary—free from the influence of hope or fear, applied to the prisoner’s mind by a third person.—1 Green. Ev. § 219; Miller v. State, 40 Ala. 54. "Whether it was made voluntarily, is a…
2Cases cited2 opinions
- Morningstar v. StateSupreme Court of Alabama · 1875
- Miller v. StateSupreme Court of Alabama · 1866
3Cited by19 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Redd v. StateSupreme Court of Alabama · 1881
- Ryan v. StateSupreme Court of Alabama · 1893
- Curry v. StateSupreme Court of Alabama · 1919
- Bines v. StateSupreme Court of Georgia · 1903
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