Legal Opinion

Wilson v. State

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 17 opinions

Appeal from Dallas Circuit Court. Tried before Hon. Geo. H. Ceaig. The appellant, Henry Wilson, was convicted and sentenced to two years’ hard labor for the county, under an indictment which charged that before the finding thereof, he “ did convey into the county jail of Dallas county, Alabama, an auger, an instrument useful for the purpose, to aid Wiley Jones and Henry Johnson, alias John Cunningham, at the time being prisoners confined in said jail, under the charge or…

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Appeal from Dallas Circuit Court. Tried before Hon. Geo. H. Ceaig. The appellant, Henry Wilson, was convicted and sentenced to two years’ hard labor for the county, under an indictment which charged that before the finding thereof, he “ did convey into the county jail of Dallas county, Alabama, an auger, an instrument useful for the purpose, to aid Wiley Jones and Henry Johnson, alias John Cunningham, at the time being prisoners confined in said jail, under the charge or charges for the criminal offense of burglary, with the intent to aid and facilitate the escape of said Wiley Jones and…

1Opinion of the CourtStone, J.

Indictments, under our statute, Code of 1876, section 4785, “ must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended, and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment.” The Code contains many forms of indictment, which were intended to supplant the verbose forms used at common law; and the statute, Code of 1876, § 4824, declares that these “forms of indictments, in all cases in which they…

2Cited by17 opinions

  1. Smith v. StateSupreme Court of Alabama · 1879
  2. Baker v. StateAlabama Court of Appeals · 1923
  3. Whitehead v. StateAlabama Court of Appeals · 1918
  4. Brown v. StateAlabama Court of Appeals · 1916
  5. Bailey v. StateSupreme Court of Alabama · 1892

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