Scott v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. PL C. Speaice. The appellant was indicted, tried and convicted of an assault upon one John Mosley with a knife, with intent to murder him, and was sentenced to the penitentiary for twenty-five months. The facts of the case, showing the rulings of the court which are reviewed on the present appeal, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Madison. Tried before the Hon. PL C. Speaice. The appellant was indicted, tried and convicted of an assault upon one John Mosley with a knife, with intent to murder him, and was sentenced to the penitentiary for twenty-five months. The facts of the case, showing the rulings of the court which are reviewed on the present appeal, are sufficiently stated in the opinion. The court erred in giving the general affirmative charge in favor of the State. The evidence upon which appellant relied to support the defense of former jeopardy was uncontroverted, and the only…
1Opinion of the CourtHaralson, J.
A plea of former jeopardy was interposed oh the trial of defendant, which is imperfect, but is stated to have been pleaded in short by consent, and issue was taken on it.
In Bell v. The State, 44 Ala. 394, the court said, as to the time when jeopardy begins in a criminal case: “The weight of authority seems to be, that when the jury has been impanelled and. sworn, and the indictment read, and pleaded to by defendant, he is entitled to have the trial proceed to its conclusion. If it is then interrupted by a discharge of* the jury, or other insufficient legal cause, he cannot be tried again.”-…
2Cases cited3 opinions
- Bell v. StateSupreme Court of Alabama · 1870
- Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
- Crutcher v. Memphis & Charleston RailroadSupreme Court of Alabama · 1863
3Cited by30 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Boswell v. StateSupreme Court of Alabama · 1973
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
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