DuBose v. State
Supreme Court of Alabama
Appeal fromthe’County Court of Bibb. Tried before the Hon. N. H. Thompson. • The appellant was tried and convicted under an affidavit which charged that he “did cut and break into the jail at Blocton in which said jail one Will DuBose and Westley Seymour were lawfully confined by the sheriff of Bibb county, charged with misdemeanors and did thereby aid said Will DuBose and Westley Seymour to escape from such custody against the peace and dignity of the State of Alabama.”
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Appeal fromthe’County Court of Bibb. Tried before the Hon. N. H. Thompson. • The appellant was tried and convicted under an affidavit which charged that he “did cut and break into the jail at Blocton in which said jail one Will DuBose and Westley Seymour were lawfully confined by the sheriff of Bibb county, charged with misdemeanors and did thereby aid said Will DuBose and Westley Seymour to escape from such custody against the peace and dignity of the State of Alabama.” On the trial of the case, there was evidence introduced to show that Will DuBose and Westley Seymour were confined in the…
1Opinion of the CourtMcCLELLAN, J.
The fact that the person liberated was lawfully confined was an essential ingredient of the offense charged against the defendant. The best evidence of this fact was the warrant of arrest under which the arrest was made and the defendant therein was held at the time of the escape. This warrant or a certified copy of it should have been put in evidence, or the failure to do so should have been fully accounted for before *72admitting secondary evidence of the issuance of the warrant. The court against defendant’s objection allowed the justice of the peace to testify that he issued the warrant,…
2Cited by1 opinion
- Wiley v. StateAlabama Court of Appeals · 1917