Cawley v. State
Supreme Court of Alabama
Feom the Circuit Court of Dallas. Tried before the Hon. Porter King. . The indictment in this case contained two counts; the first charging the prisoner with larceny from “a dwelling-house and the second, with larceny from “ a shop.” The jury returned a general verdict of guilty, and the court thereupon sentenced the prisoner to confinement in the penitentiary for three years.
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Feom the Circuit Court of Dallas. Tried before the Hon. Porter King. . The indictment in this case contained two counts; the first charging the prisoner with larceny from “a dwelling-house and the second, with larceny from “ a shop.” The jury returned a general verdict of guilty, and the court thereupon sentenced the prisoner to confinement in the penitentiary for three years. Before the sentence was pronounced, the prisoner moved in arrest of judgment, “on the ground that there is a general verdict on two counts for separate and distiuct offenses.” The court overruled the motion, and the…
1Opinion of the CourtA. J. Walker, C. J.
The first point made in this case is, that, as the sentence is copied into the transcript before the indictment, it must be inferred, that the sentence of the court preceded the finding of the indictment; and that, therefore, the accused was tried and sentenced without an-indictment. We cannot sustain this point.
[2-3.] It is objected, that a general verdict of guilty is-not sufficient, where distinct offenses, as- those of larceny from a dwelling-house and larceny from-a shop, are alleged' in different counts. After an elaborate and careful review, of the authorities, we feel safe in…
2Cases cited3 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Johnson v. StateSupreme Court of Alabama · 1856
- Mose v. StateSupreme Court of Alabama · 1860
3Cited by16 opinions
- McGehee v. StateSupreme Court of Alabama · 1911
- McGuff v. StateSupreme Court of Alabama · 1889
- Lucas v. StateSupreme Court of Alabama · 1905
- Jackson v. StateSupreme Court of Alabama · 1947
- Lowe v. StateSupreme Court of Alabama · 1901
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