Cross v. State
Supreme Court of Alabama
Appeal from the County Court of Sumter. Tried before the Hon. W. R. DéLoach. The indictment under which the appellant, Ed Cross, was tried and convicted, contained two counts ; the first count charging the larceny of cotton seed of the value of ten dollars, and the second count charging him with buying, receiving or concealing cotton seed of the value of ten dollars, knowing it to be stolen.
Read the full summary
Appeal from the County Court of Sumter. Tried before the Hon. W. R. DéLoach. The indictment under which the appellant, Ed Cross, was tried and convicted, contained two counts ; the first count charging the larceny of cotton seed of the value of ten dollars, and the second count charging him with buying, receiving or concealing cotton seed of the value of ten dollars, knowing it to be stolen. On the trial, the defendant filed the following plea of former jeopardy : “Now comes the defendant by his attorneys and pleads former jeopardy in this cause, and in support and maintenance of said plea…
1Opinion of the CourtHead, J.
The only objection taken by the State’s demurrer to the plea of former jeopardy was that the plea did not contain “a record of the proceedings wherein the said defendant was placed in jeopardy, as in said plea averred.” The plea shows defendant was arrested ahd tried on a warrant issued on a complaint made by the owner of the property charging the defendant with *76grand larceny, and undertakes to set out the substance and legal effect of those proceedings.
There are three decisions of this.court expressly holding that where jeopardy under an indictment is pleaded to a subsequent indictment, the…
2Cases cited3 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Foster v. StateSupreme Court of Alabama · 1864
- Smith v. StateSupreme Court of Alabama · 1875
3Cited by9 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Holloway v. StateAlabama Court of Appeals · 1952
- Steeley v. City of GadsdenCourt of Criminal Appeals of Alabama · 1988
- Storrs v. StateSupreme Court of Alabama · 1900
- Hollis v. StateSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.