Powell v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The indictment in this case charged, that the defendant, “Lee Powell, alias Willie Jones, feloniously took and carried away from a dwelling-house one dolman, or cloak, of the value of $6.50, the personal property of Sarah Skinner.”
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From the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The indictment in this case charged, that the defendant, “Lee Powell, alias Willie Jones, feloniously took and carried away from a dwelling-house one dolman, or cloak, of the value of $6.50, the personal property of Sarah Skinner.” The judgment-entry only recites that the defendant, “being duly arraigned, pleaded not guilty;” but a plea of former conviction is copied into the transcript, and a replication thereto; and the bill of exceptions states that the defendant pleaded a former conviction, “ as shown by the…
1Opinion of the CourtStone, C. J.
It is probable that the defense of former conviction, filed in this case, was defective. It neither averred the Becorder had jurisdiction of the case, nor its *174equivalent, that the offense was committed within the police jurisdiction of the city of Montgomery. The bill of exceptions states that a demurrer to this plea was overruled; but, there-being no notice of this ruling in the judgment pronounced by the court, we can not consider it. Rulings on pleadings can not be reviewed, if presented only in the bill of exceptions. — 1 Brick. Dig. 78, § 7.
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2Cases cited3 opinions
- Moore v. StateSupreme Court of Alabama · 1882
- American Union Telegraph Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1880
- Nicholson v. State ex rel. CollinsSupreme Court of Alabama · 1882
3Cited by14 opinions
- State v. SampsonSupreme Court of Iowa · 1912
- Brooke v. StateSupreme Court of Alabama · 1908
- Garrett v. StateSupreme Court of Alabama · 1892
- Powell v. Henry & Co.Supreme Court of Alabama · 1892
- Nashville, Chattanooga & St. Louis Railway Co. v. HammondSupreme Court of Alabama · 1893
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