Mountain v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before tbe Hon. H. Chamberlain. The indictment in this case, which was returned into court on tbe 14th June, 1866, charged that tbe prisoner, Samuel Mountain, a freedman, “broke and entered into tbe dwelling-house of Jim Smith, with intent to steal.”
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From the City Court of Mobile. Tried before tbe Hon. H. Chamberlain. The indictment in this case, which was returned into court on tbe 14th June, 1866, charged that tbe prisoner, Samuel Mountain, a freedman, “broke and entered into tbe dwelling-house of Jim Smith, with intent to steal.” “ On tbe trial,” at tbe same term, as tbe bill of exceptions states, “Jim Smith, a witness for tbe State, testified, that sometime about tbe — day of June, 1866, before tbe finding of tbe indictment, and while be was in tbe guard-house, bis dwelling-house in Mobile county was broken into, and robbed of several…
1Opinion of the CourtA. J. Walker, C. J.
After some hesitation, we decide that the singular verdict in this case is sufficient. The verdict is in the following words: “We, the jury, find the accused, Samuel Mountain, guilty of burglary, and find that the offense ivas committed since the first day of June 1866 by agreement of counsel. ” We intentionally leave the last clause without punctuation, as it is in the transcript, and as we suppose it to be in the original. Giving it the only punctuation which avoids absurdity, it will read thus : “and find that the offense was committed since the first day of June, 1866, by agreement of…
2Cases cited5 opinions
- Harrall v. StateSupreme Court of Alabama · 1855
- Nancy v. StateSupreme Court of Alabama · 1844
- Oxford v. StateSupreme Court of Alabama · 1859
- Prince v. StateSupreme Court of Alabama · 1860
- Bramlett v. StateSupreme Court of Alabama · 1858
3Cited by4 opinions
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