Legal Opinion

Yeldell v. State

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 16 opinions

From the Butler Circuit Court. Tried, before the Hon. John P. Hubbard. cited Weeks on Attorneys, §115; Proffatt on Jury Trials, §254; State v, Gollins, 70 N. C., 241; Dobbins v. Oswalt, 20 Ark., 619; Freeligh v. Ames, 31 Mo., 253 ; State v. Page, 21 Mo., 257 ; Lynch v. State, 9 Ind., 541; Hurt v. State, 49 Ga., 255 ; Weaver v. State, 24 Ohio St„ 584; People v. Keelan, 13 Cal., 581; Gom. v. Buccieri, 153 Pa. St., 535.

1Opinion of the CourtHabalson, J.

I. The defendant was tried for an assault with intent to murder. He was convicted of an assault and battery and fined five dollars. He asked a charge which had reference alone to an assault with intent to murder, but we will not consider it, since he was not convicted of this, but of a smaller offense, to the commission of which .the charge had no reference.

II. Section 4502 of the Code provides, that “ when a fine is assessed, the court may allow the defendant to confess judgment, with good and sufficient sureties, for the fine and costs.” The defendant, after he and his sureties had…

2Cases cited7 opinions

  1. Lynch v. StateIndiana Supreme Court · 1857
  2. State v. . CollinsSupreme Court of North Carolina · 1874
  3. Hunt v. StateSupreme Court of Georgia · 1872
  4. Bowen v. StateSupreme Court of Alabama · 1893
  5. Musselman v. PrattIndiana Supreme Court · 1873

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Waters v. StateSupreme Court of Alabama · 1897
  3. May v. StateSupreme Court of Florida · 1925
  4. Jackson v. StateSupreme Court of Alabama · 1940
  5. Morris v. StateSupreme Court of Alabama · 1915

11 more not listed; retrieve them via the Exa API.

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