Thompson v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Wilcox. Tried before tbe Hon. Nat., OooK, The indictment was as follows : “ The State oh Alabama, ) Circuit Court, Wilcox County,. f Spring Term, 1853. ■ “Tbe grand jury, charge, that, 'before .the finding of ibis indictment, Tbomas H. Thompson, Robert Thompson, Jolin W. Creagb, Tbomas Trawick, Hobson Thompson, Tbomas Burps, and Calvin Nobles, assaulted and beat Bowen Bennett, against the peace and dignity of tbe State of Alabama.”
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Appeal from tbe Circuit Court of Wilcox. Tried before tbe Hon. Nat., OooK, The indictment was as follows : “ The State oh Alabama, ) Circuit Court, Wilcox County,. f Spring Term, 1853. ■ “Tbe grand jury, charge, that, 'before .the finding of ibis indictment, Tbomas H. Thompson, Robert Thompson, Jolin W. Creagb, Tbomas Trawick, Hobson Thompson, Tbomas Burps, and Calvin Nobles, assaulted and beat Bowen Bennett, against the peace and dignity of tbe State of Alabama.” On tbe trial, tbe death of Thomas Trawick, one of tbe defendants, was suggested, and the prosecution abated as to bim; and a nolle…
1Opinion of the Court
GOLDTHWAITE, J. —
The questions raised upon the record as to the sufficiency of the indictment, we regard as settled by the decision in the case of Noles v. The State, at the present term. It is true, that in that case the crime was alleged to have been committed on a day certain, while here the offence, in conformity with section 8512 of the Code, is charged generally to have been committed before the finding of the indictment. The time, however, is not a constituent of the offence ; and if the Legislature may declare an indictment good, which does not allege the county in which the offence…
2Cited by15 opinions
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- Scott v. StateSupreme Court of Alabama · 1857
- State v. SchnelleWest Virginia Supreme Court · 1884
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