Carr v. State
Supreme Court of Alabama
Appeal from the District Court of Colbert. Tried before the Hon. W. P. Chitwood. The appellant was indicted, tried and convicted for embezzlement. The allegations of the three counts of the indictment are sufficiently stated in the opinion. The plea to the jurisdiction of the court, and the facts as to the demand by the defendant that the juror Neff be challenged for cause, are the same as contained in the statement of facts in the case of Oarrv.
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Appeal from the District Court of Colbert. Tried before the Hon. W. P. Chitwood. The appellant was indicted, tried and convicted for embezzlement. The allegations of the three counts of the indictment are sufficiently stated in the opinion. The plea to the jurisdiction of the court, and the facts as to the demand by the defendant that the juror Neff be challenged for cause, are the same as contained in the statement of facts in the case of Oarrv. The State, ante p. 4. After having challenged the said Neff peremptorily, the defendant’s challenges were exhausted, and he demanded to be allowed…
1Opinion of the CourtMcCLELLAN, J.
The defendant had no immunity or right of exemption from prosecution, trial and conviction in this case by reason of the fact that he had been surrendered by the State of Iowa on a requisition from this State for another and different offense for which he has not been tried, and upon an indictment for which he was still being held, and the district court did not err in holding his plea setting up such immunity or exemption bad, and proceeding with the trial of this cause. — Carr v. State, ante, p. 4, and authorities there cited.
The juror Neff should not have been put upon the defendant, his…
2Cited by26 opinions
- State v. . GibsonSupreme Court of North Carolina · 1915
- Fulkerson v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Milam v. StateSupreme Court of Alabama · 1940
- Knox v. StateIndiana Supreme Court · 1905
- People v. MeserosCalifornia Court of Appeal · 1910
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