Johnson v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. D. A. Greene. The appellant, Ed Johnson, was indicted, tried and convicted for the robbery of Frank Gress, and was sentenced tio the penitentiary for a term of 35 years. «.When the case was called for trial and before the jury was impannelled, the defendant moved the court to quash the indictment upon the following grounds, as set forth in the bill of exceptions: “That this defendant has been heretofore…
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. D. A. Greene. The appellant, Ed Johnson, was indicted, tried and convicted for the robbery of Frank Gress, and was sentenced tio the penitentiary for a term of 35 years. «.When the case was called for trial and before the jury was impannelled, the defendant moved the court to quash the indictment upon the following grounds, as set forth in the bill of exceptions: “That this defendant has been heretofore indicted for this same offense, and that on the'trial of said indictment, on, to-wit, May 21, 1901, it appeared that there…
1Opinion of the CourtMoOLELLAN, C. J.
The indictment was sufficient in averment. It had been regularly returned and presented by a duly constituted grand jury. On being arraigned the defendant entered his plea of “not guilty” to) it. No- plea of former jeopardy or of former acquittal was ever presented or filed or offered to be made or filed. If it be conceded that the defendant had been in jeopardy or, in legal contemplation, acquitted under a former indictment for the same offense by reason of the facts that he had been put to trial on a former indictment, that ini the course of that trial the evidence developed a variance as…
2Cases cited7 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Nixon v. StateSupreme Court of Alabama · 1881
- State v. JonesSupreme Court of Alabama · 1843
- Bryant v. StateSupreme Court of Alabama · 1885
- Johnson v. StateSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Warren v. StateSupreme Court of Alabama · 1973
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Haynes v. StateAlabama Court of Appeals · 1958
- Williams v. StateSupreme Court of Alabama · 1977
- Stephens v. StateSupreme Court of Alabama · 1949
15 more not listed; retrieve them via the Exa API.